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In this case, plaintiffs Access Now, Inc., a non-profit advocacy organization for disabled persons, and Robert Gumson, a blind individual, filed a four-count complaint for injunctive and declaratory relief under the Americans with Disabilities Act (ADA) [42 U.S.C. [subsection] 12101, et seq.] against Southwest Airlines Co. [Access Now, Inc. v. Southwest Airlines, Co., No. 02-21734 (S.D. FL 10/18/02)]. Plaintiffs argued that Southwest's Internet Web site, southwest.com, excluded plaintiffs in violation of the ADA, as the goods and services Southwest offers at its "virtual ticket counters" are inaccessible to blind persons. Southwest moved to dismiss the complaint on the ground that southwest.com was not a "place of public accommodation."
President George Bush signed the ADA into law on July 26, 1990. Among the statutorily created rights embodied within the ADA is Title III's prohibition against discrimination in places of public accommodation. [42 …