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<b><i>Jancik v. Redbox Automated Retail</i></b>
Title III of the Americans with Disabilities Act, 42 U.S.C. ” 12181-12189 (ADA or Title III) prohibits retailers and other businesses that transact business with the public from “discriminating” against individuals with disabilities. The statute is broadly worded to prohibit a wide range of discriminatory practices, and has been the subject of literally thousands of individual and class action lawsuits seeking to change how the business community deals with individuals with disabilities. The salutary effect of the ADA cannot be understated. However, many business owners and operators might, at the same time, rightly ask whether there are any limits to the Act's reach. Jancik v. Redbox Automated Retail, LLC, 2014 U.S. Dist. LEXIS 67223 (May 14, 2014) explores one such limit ' the so-called “special products exception.”
Overview of Title III of the ADA
We begin with first principles. As is relevant here, Title III prohibits discrimination by public accommodations generally, by providing that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. ' 12182(a). The term “public accommodation” is defined to include most retail and service establishments and other businesses that are open or provide services to the public. 42 U.S.C. ' 12182(7)(A)-(L).
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