Are websites considered places of public accommodation under the Americans with Disabilities Act?
The question has never been uniformly answered at a federal level, but 2Ls Gus Forseth and Adam Fortier-Brown did their best to sort through this question during Maine Law’s Prize Argument earlier this month.
Every year, two second-year students are selected on the basis of the quality of their Moot Court tryouts to argue appellate briefs from their first-year legal writing course before Maine’s Law Court. The briefs center around a hypothetical case based on one or several real cases connected to topical issues. This year’s question centered around the above-mentioned website accommodations under the ADA and whether or not a hypothetical website should be required by law to make their content accessible.
Forseth and Fortier-Brown were afforded 15 minutes each to make their arguments, which they did in Maine’s Supreme Judicial Court in front of the Maine Supreme Court Justices. Both students said it was a unique opportunity to flex the skills and knowledge gained thus far in law school.
“The justices asked tough questions that immediately got to the heart of our arguments. And while both Adam and I each knew the material very well, our advocacy skills were immediately put to the test,” Forseth said.
Some things, Fortier-Brown reflected, you can hear over and over again in a classroom but until put into action don’t fully resonate until you’re standing in a courtroom.
“The Prize Argument showed me how oral argument is as much an art as it is a skill. It reiterated the importance of treating oral argument like a conversation with the court to clarify our side’s key points and answer the Justices’ questions so they have what they need as they interpret the law,” he continued.
In addition to a formative experience for Forseth and Fortier-Brown, Professor of Law and Director of the Legal Writing Program Angie Arey said first year students are encouraged to attend, which for many, might be their first foray into such a setting.
“What a fantastic experience for our students—not only for the two who argued, but for the entire 1L class in attendance. The opportunity to watch a live argument and see the law in action is an extraordinary learning experience,” Arey added. “We are incredibly grateful to the Court for providing this opportunity each year and for the time and care the justices dedicate to preparing for it.”
*Professor Arey thanks the following people for helping her prepare Adam and Gus for the argument: Professors Sara Wolff, Anthony Moffa, and Kaitlin Caruso; Attorneys Meredith Singleton (’24) and Jenn Thompson (’24); and 3Ls (and former Prize Arguers) Leah Henry and Danny Hutchins.
