FB user loses lawsuit alleging violations of disabilities act

Originally Published: April 8, 2019 Last Updated: April 8, 2019
Summary:

In 2011, Karen Young, after Facebook terminating her account, decided to sue the social network for alleged violations of the American Disabilities Act (ADA) and related state laws on disability as well as breach of contract and negligence. The court however ruled that the ADA was inapplicable to Facebook because it was a website not a physical space.

Allegations:
  • Young had bipolar disorder. She sued Facebook for ADA violations for failing to provide adequate customer support to individuals with mental disabilities. She complained that the platform's customer support was too hard for someone in her condition to navigate.
  • She tried to argue around the court's dismissal of her claim by saying that some other circuits have directly or indirectly extended the ADA to virtual places, invoking Judge Patel's opinion in NFB v. Target, arguing that Facebook had the requisite "nexus" similar to a physical place because it sold gift cards in physical retail stores.
Defence:
  • The court ruled against Young's claim saying, "Despite its frequent use of terms such as “posts” and “walls,” Facebook operated only in cyberspace, and is thus was not a “place of public accommodation” as construed by the Ninth Circuit."
  • Young's argument stating that Facebook had "nexus" similar to a physical place also failed because the social network didn't own or control any of these physical retail outlets on its site.
  • In response, Facebook sent out a statement: “We want Facebook to be available to everyone, including people with unique needs, and have worked hard to create tools and resources to educate people about our service and its rules. While we’re pleased with the court’s decision, we’ll continue to invest in this area.”