According to the ruling of the Appellate Court (available in PDF version at
<http://caselaw.lp.findlaw.com/data2/circs/11th/0216163p.pdf>), the appeal
was dismissed because it was based on a different argument than the ones
that were decided by the Circuit court in the original case.

In their decision, the appellate judges made that point clearly:

"However, we are unable to reach the merits of the plaintiffs' claim
because, simply put, they have presented this Court with a case that is
wholly different from the one they brought to the district court. As we see
it, the plaintiffs have
abandoned the claim and argument they made before the district court, and in
its place raised an entirely new theory on appeal -- one never presented to
or considered by the trial court."

Apparently, the issue of whether or not a website is a "place of public
accommodation" under Title III of the ADA was NOT decided by this ruling.
Again from the appeal ruling:

"In declining to evaluate the merits of this case, we are in no way
unmindful that the legal questions raised are significant. The Internet is
transforming our economy and culture, and the question whether it is covered
by the ADA -- one of the landmark civil rights laws in this country -- is of
substantial public importance.  Title III's applicability to web sites --
either because web sites are themselves places of public accommodation or
because they have a sufficient nexus to such physical places of public
accommodation -- is a matter of first impression before this Court.
Unfortunately, this case does not provide the proper vehicle for answering
these questions."

-----Original Message-----
From: Prof Norm Coombs [mailto:[log in to unmask]]
Sent: Tuesday, September 28, 2004 10:45 AM
To: [log in to unmask]
Subject: Court lets Web sites off the ADA hook!


>Date: Tue, 28 Sep 2004 08:10:57 -0600
>From: Educause Educause <[log in to unmask]>
>Subject: Edupage, September 28, 2004
>Sender: Edupage <[log in to unmask]>
>Approved-by: [log in to unmask]
>To: [log in to unmask]
>Reply-to: [log in to unmask]
>X-OriginalArrivalTime: 28 Sep 2004 14:10:57.0284 (UTC)
>  FILETIME=[F9678440:01C4A564]
>
>*****************************************************
>Edupage is a service of EDUCAUSE, a nonprofit association
>whose mission is to advance higher education by promoting
>the intelligent use of information technology.
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>
>TOP STORIES FOR TUESDAY, SEPTEMBER 28, 2004
>   Court Exempts Web Sites from ADA
>   Sun Program Supports Academic Networks
>   Virgin Group Makes the Jump to Online Music
>   Russia Added to Starter Edition Program
>
>
>COURT EXEMPTS WEB SITES FROM ADA
>The 11th Circuit Court of Appeals upheld a lower court's decision from
>October 2002 that Web publishers cannot be forced to comply with the
>1991 Americans with Disabilities Act (ADA). The ruling came in response
>to a suit by an advocacy group for the blind called Access Now and
>Rober Gumson, who is blind, seeking to force Southwest Airlines to
>redesign its Web site for easier access by the visually impaired. The
>ADA does not mention the Internet in mandating accessibility for public
>spaces. The federal three-judge panel acknowledged that a future case
>might reopen the question. Wrote Judge Stanley Marcus, "In declining to
>evaluate the merits of this case, we are in no way unmindful that the
>legal questions raised are significant."
>ZDNet, 27 September 2004
>http://news.zdnet.com/2100-9588_22-5384087.html