This summer, I wrote about a Title III lawsuit that was filed against cannabis company NC3 Systems dba Caliva. As a quick refresher, Title III of the Americans with Disabilities Act (“ADA”) requires all businesses to remove any obstacle that interferes with a disabled person’s ability to access their products or services online.
The plaintiff had filed a complaint alleging Caliva’s website denied him full and equal access to Caliva’s facilities, goods, and services. The plaintiff ultimately brought causes of action under Title III and California’s Unruh Civil Rights Act (“UCRA”), which is slightly different and deserves it own primer because it unfortunately opens the door for plaintiff to recover statutory penalties as well. Here goes:
Like Title III, the UCRA guarantees every person in California “full and equal” access to “all business establishments of every kind whatsoever” and imposes a duty on business establishments to serve all persons without arbitrary discrimination. Like the ADA, a “business establishment” is defined to include nonphysical places internet websites.
The statute provides standing on “any person aggrieved” by conduct that violates the UCRA. This is a narrower definition than is provided by Title III – a private plaintiff can sue only