If the comment from my other Disqus account (Zatar Zarvati) appears, I can summarize it here.

Cot’n Wash temporarily established (or operated) a place of public accommodation for retail sales within the premises of Martinez Abelardo, JR.

The vendors at Fridays farmer’s market at the Ashmont T use a tablet connected to a backend server via the Internet over the cell network to enable a shopper to make a purchase. A human vendor is involved, but it’s hardly necessary. I never interact with a human when I shop at Target whether or not online. When I shop at home, by means of my browser, Target temporarily establishes or operates a place of public accommodation for retail sales within my premises.

I reiterate.

Internet exceptionalism is a crock, and Martillo v. Twitter will eventually wend its way to SCOTUS once again.

Even if everyone uses or experiences a thing, everyone may not understand a thing. The archetypal example is gravity and falling objects. From Aristotle until Galileo, the average person completely misunderstood gravity and the law of falling objects.

42 U.S. Code § 12182 does not require that a place of public accommodation be permanent. Every Friday during the summer, a food market is set up next to the Ashmont T Station in Boston. This temporary food market is a place of public accommodation for sale of groceries.

[I use such examples because I know a lot of Appeals Court Judges and Supreme Court Justices, who studied in the Boston Cambridge area and in New Haven.]

42 U.S. Code § 12181 (7)

Public accommodation

The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce—…

(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;…

[The relevant clauses of § 12181 don’t even mention the word place, but this lack is not important.]

Software downloaded from https://www.dropps.com/ created (or established) a structure in a place in the memory of a computing device of Martinez Abelardo, JR. The physical structure in the computing device + the physical links to Cot’n Wash backend + the Cot’n Wash backend altogether assemble a temporary sales establishment or place of public accommodation for sales. One can include all the associated premises, grounds, and appurtenances in the description of the place. The place is somewhat distributed geographically, but Harvard University and Yale University are also geographically distributed. Yet, they come under Title III.

Internet exceptionalism is a crock, and Martillo v. Twitter will eventually wend its way to SCOTUS once again.