Need for Clarity Becomes Even More Urgent Amid Competing Interpretations, Lack of Guidance
The 11th Circuit recently delivered a blow to serial plaintiffs by holding that a website is not a place of public accommodation for purposes of Title III of the Americans with Disabilities Act (ADA). The case,
Gil v. Winn-Dixie Stores, Inc.,
1 widens the nationwide circuit split as companies impatiently await guidance from the Department of Justice (DOJ) on the applicability of Title III to websites. Though the DOJ has thus far been reluctant to issue regulations, despite Congress’ pleas, that may change with the new administration. Guidance can’t come soon enough another updated version (version 2.2) of the Web Content Accessibility Guidelines (WCAG), developed by a private group called the “World Wide Web Consortium” (W3C) and used as a measuring stick by many courts for accessibility standards in ADA cases, is scheduled for release soon, underscoring the fact that compliance wi
Thursday, April 22, 2021
On April 7, 2021, the Eleventh Circuit United States Court of Appeals vacated a trial court ruling from 2017 which held that Winn-Dixie Stores violated the Americans with Disabilities Act (“ADA”) because the Plaintiff, who is visually impaired, could not access the company’s website. In
Gil v. Winn-Dixie Stores, the Court held that: (1) websites, unlike “actual, physical spaces,” do not constitute a “public accommodation” as defined by the ADA; and (2) Winn-Dixie’s limited-use website did not create an “intangible barrier” to access its services.
The Plaintiff requires the use of a screen reading software, which “vocalizes the content” of websites and web pages to use the internet, and Plaintiff was unable to access Winn-Dixie’s website with the software. At the time of the lawsuit in 2017, Winn-Dixie did not offer any sales through its website, and the primary functions that Plaintiff wanted to use the website for w
Eleventh Circuit Decision Creates Further Division Among Circuit Courts Regarding Website Accessibility And ADA | Roetzel & Andress jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Thursday, April 22, 2021
On April 7, 2021, a split panel of the U.S. Court of Appeals for the Eleventh Circuit (the “11th Circuit”) issued its highly-anticipated decision in
Gil v. Winn-Dixie Stores, reversing a 2017 judgment against Winn-Dixie that found that the grocery chain’s website violated Title III of the Americans with Disabilities Act (“ADA”). The 11th Circuit reversed and remanded the case for further proceedings, in part, based on its finding that websites are not a “public accommodation” under the ADA.
While this decision is a victory for businesses especially in Florida, Alabama, and Georgia (the states within the 11th Circuit) that have dealt with a proliferation of website accessibility lawsuits in recent years, questions still remain for several reasons, as discussed below.
Surfing the Interwebs May Not Be a Public Accommodation Issue Under the ADA, According to 11th Circuit | Bradley Arant Boult Cummings LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.