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000000	Clifford R. Michel:  Greetings, and welcome to this Podcast produced by the Tech LawForum of the Santa Clara University School of Law.
000007	I'm Clifford R. Michel and I will be your host today.
000010	I'm of counsel in the Intellectual Property Law Practice Group in the New York office of Orrick, Harrington and Sutcliffe, LLP.
000017	Today it is my good pleasure to introduce two of my colleagues based in the Silicon Valley office of Orrick.
000023	Mark Howitson is a partner in the Employment Law Practice Group of Orrick.
000028	He has litigated sexual harassment and discrimination claims, contract and trade secret disputes, wage and hour claims
000035	and other employment claims through court proceedings and administrative hearings, mediation and arbitration.
000041	Hello, Mark.
000041	Mark Howitson:  Thanks for having me.
000043	Clifford R. Michel:  Amira Day is an Associate practicing employment litigation on a variety of issues, as well, including discrimination, harassment,
000050	and wrongful termination.
000051	Hi, Amira.
000052	Amira Day:  Hi, Cliff.
000053	Clifford R. Michel:  Mark and Amira will speak today on the impact of the Americans with Disabilities Act on the operators of internet websites.
000101	Or perhaps better said, they're here today to shed light on this question.
000104	Is cyberspace a place of public accommodation?
000108	So let's start with an overview of the ADA and the relevant case law.
000113	Amira, what is the ADA?
000116	Amira Day:  Well, the ADA is a pretty broad reaching statute.
000119	It was enacted in 1990 and it generally prohibits discrimination on the basis of disability.
000124	There are three titles.
000126	Title I of the ADA prohibits discrimination on the basis of disability in employment.
000131	Title II confirms the services and programs of local and state government.
000135	And Title III concerns the goods and services of places of public accommodation.
000140	So for our purposes in talking about whether and how the ADA applies to websites or the internet, we're concerned with Title III of the ADA,
000150	whether or not the cyberspace is a place of public accommodation.
000154	So generally speaking, Title III requires that places of public accommodation be made accessible to persons with disabilities unless doing
000205	so would fundamentally alter the goods or services provides or would impose an undue burden.
000210	So this requirement involves providing auxiliary aids and services to make the services of the public accommodation accessible to those with a disability.
000220