 Target argued that the Americans with Disabilities Act of 1990 was intended to apply exclusively to physical accommodations instead of cyberspace, and that such application of the California acts on accessibility would violate the Commerce Clause of the United States Constitution.On September 7, 2006, the court ordered that a retailer may be sued if its website is inaccessible to the blind.In the court's opinion, Judge Marilyn Hall Patel explained that the order of the court was based upon "42 U.S. Code § 12182", the prohibition of discrimination by public accommodations clause of the Americans with Disabilities Act of 1990, which prohibits discrimination in the "enjoyment of goods, services, facilities or privileges."