san diego law firm newsletter - perspective
SUMMER 2007
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Bryan Ariel Biggs is a Broker-Associate with Optimal Realty and Loans. Bryan spent his childhood years in rural Idaho and then later moved to Colorado where he finished High School as a top wrestler. Bryan then served his country in the Air force for 4 years. After his military service, he pursued his true passion in real estate, earning a Bachelor's degree in 1996 in Real Estate Finance from Colorado State University. He has been investing in real estate and helping others to achieve their goals ever since. He moved out West in 2002 to pursue a life in Southern California and earned his California Broker's License in 2005.

Bryan offers a full-service real estate experience, representing his clients in both mortgage and real estate transactions. Having a sharp mind for finance, Bryan has the expertise to analyze and evaluate a client's individual needs to help them secure the best mortgage for their situation. He also helps clients refinance into better, more secure loans, or helps them to consolidate debt, lower payments, get cash-out or buy investment properties or second homes. Investors go to Bryan to secure the right financing for commercial transactions or to restructure the financing on their investment properties. He takes great pride in the long-term relationships that he cultivates. Bryan is a professional member of the California Association of Realtors, National Association of Realtors, Southwest Riverside County Association of Realtors and the Southwest Riverside County Multiple Listing Service.

He currently lives in the beautiful Temecula Wine Valley. Bryan enjoys music, walking his Australian Sheppard, reading and traveling.


Does the ADA Apply To Websites?

Recently a federal trial court became the first court to find that a commercial website must be accessible to the disabled, and to blind customers in particular, because of the prohibition against disability discrimination by places of public accommodation contained in the Americans with Disabilities Act (ADA). Whether the retailer would, in fact, be liable on the particular facts of the case remained to be decided, but the court declined to dismiss the class action complaint.

Requiring businesses to make their websites fully accessible by the blind will likely involve adding computer code for "alternative text" that permits screen-reading software used by blind individuals to vocalize the text and describe the contents of the webpage. Using this code when the site is initially designed is less expensive than retrofitting a website later. The retailer argued to no avail that the demands of the ADA do not apply, because a website, since it is not really a physical place at all, is not a "place of public accommodation" within the meaning of the ADA. The court reasoned that the ADA requires full and equal enjoyment of the services "of" any place of public accommodation, not services "in" a place of public accommodation. The ADA is not only about physical access to places. The court found that the retailer's many brick-and-mortar stores constituted the "places" of public accommodation. The retailer's website serves as a "gateway" to such stores, especially for blind customers. If the website is not fully accessible to them, it impedes those customers from coming through the gateway, that is, from having the "full and equal enjoyment" of the stores' goods and services that the ADA mandates. The court drew an analogy to a case in which a telephone screening process for prospective contestants for a television game show violated the ADA by discriminating against the hearing disabled, even though the discrimination took place away from the studio where the show was produced.

Although the decision broke new ground in ADA jurisprudence, the court's "gateway" reasoning relied on the connection between the business's website and its many retail stores. The court did not have occasion to address the variation on the same issue posed by the websites of retailers who have no brick-and-mortar stores. Such a situation presents a closer question as to whether the ADA applies. For a website-only business to come within the ADA, a court would have to find that a "place of public accommodation" does not have to include a physical place at all, but can, instead, be the virtual world in which website transactions occur.

  

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