## Facts

- Valleycrest and ABC produced *Who Wants to Be a Millionaire*, filmed at a New York City studio.
- Prospective contestants had to use an automated telephone “contestant hotline” to qualify.
- The hotline required callers to listen to recorded questions and input answers quickly via telephone keypad in an initial timed round; successful callers proceeded to later selection stages.
- Plaintiffs alleged they were hearing-impaired (unable to hear recorded prompts) or had upper-body mobility impairments (unable to input keypad responses rapidly).
- Plaintiffs claimed the hotline functioned as a screening mechanism that prevented disabled individuals from accessing the opportunity to compete as contestants, a privilege offered by the show.
- Plaintiffs filed a putative class action under Title III of the ADA alleging discriminatory eligibility criteria and failure to provide reasonable modifications.

## Issues

1. Whether a Title III ADA claim is stated when an off-site automated telephone selection process allegedly screens out disabled individuals from access to the privileges or advantages of a place of public accommodation.
2. Whether Title III is limited to discrimination occurring at a physical location, or also covers “intangible” barriers and eligibility criteria that restrict access to a public accommodation’s services.

## Decision

- The Eleventh Circuit reviewed the Rule 12(b)(6) dismissal de novo.
- The court held plaintiffs stated a viable Title III claim by alleging the contestant hotline operated as discriminatory eligibility criteria that screened out disabled individuals.
- The court rejected the view that Title III requires the discriminatory conduct to occur at the physical premises.
- The court reversed the dismissal and remanded for further proceedings.

## Legal Principles

- Title III prohibits discrimination in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.
- Title III independently prohibits eligibility criteria that screen out or tend to screen out individuals with disabilities from such goods, services, privileges, or advantages.
- Discrimination under Title III can include “intangible” barriers, including communication barriers and selection procedures that function as gatekeeping mechanisms to a public accommodation’s offerings.
- A defendant may be required to make reasonable modifications to policies, practices, or procedures when necessary to provide access to covered services and privileges.

## Conclusion

Title III can reach an automated telephone screening process that operates as an eligibility criterion excluding hearing- and mobility-impaired individuals from competing for a public accommodation’s offered privilege, even though the screening mechanism is not itself a physical place of public accommodation.


Rendon v. Valleycrest Prods., Ltd., 294 F.3d 1279 (11th Cir. 2002)