Eleventh Circuit Says Retailer s Website Does Not Have to Comply With the ADA | Parker Poe Adams & Bernstein 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.
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The ADA and Website Accessibility – A Brief Background: Title III of the Americans with Disabilities Act prohibits discrimination on the basis of disability in the activities and services of places of public accommodation. Although the applicable regulations define “[p]lace of public accommodation” in a way that seems to limit the ADA’s reach to brick-and-mortar business operations, the past half-decade has brought a flood of lawsuits alleging that company websites (typically retail websites) inaccessible to individuals with visual impairments violate the ADA. However, few of these suits have reached the courtroom, leaving businesses with little case law and no regulatory guidance to rely on in determining whether websites are covered by the ADA and, if covered, what is required to make them ADA-compliant.
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A federal appeals court has just provided some much-needed relief to businesses facing a barrage of website accessibility lawsuits alleging that their sites do not comply with the nation’s main disability discrimination statute. These lawsuits typically involve a prospective plaintiff, or their counsel, merely accessing a company’s website and testing various screen reading software, filing suit if any portion of the website is not compatible with any of the assistive technologies. In the April 7
Gil v. Winn-Dixie decision, the Eleventh Circuit Court of Appeals struck a blow to these lawsuits by holding that a website is not a place of public accommodation subject to the Title III the Americans with Disabilities Act (ADA) and setting a high bar for website accessibility issues to rise to the level of a statutory violation. While Wednesday’s decision itself only directly impacts businesses in Alabama, Florida, and G
In a win for businesses, on April 7, 2021, the U.S. Court of Appeals for the Eleventh Circuit held in Juan Carlos Gil v. Winn-Dixie Stores, Inc., that websites are not “places of public.