Five Guys Burger is defending an anti-discrimination action brought yy a blind woman claiming she is unable to buy a cheeseburger because the website is not accommodating to sight impaired users. The case is Marett v  Five Guys Enterprises LLC, 1: 17 cv 00788 (S.D.N.Y).

Five Guys argues that Title III discrimination laws only apply to places of public accommodation and websites do not satisfy this definition. The term “ place”  as used in the law, refers to physical, brick and mortar establishments open to the public but not to virtual places or internet websites.

The industry should watch this case carefully. Implications can be significant for businesses with online ordering or customer service functions.
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