The Eleventh Circuit Finally Breaks Its Silence on Website Accessibility – but Was Its Decision Worth the Wait? Thursday, April 8, 2021
After keeping us waiting with baited breath for several years, the Eleventh Circuit finally broke its silence – issuing its long-anticipated ruling in
Gil v. Winn-Dixie Stores, holding that websites are not covered as places of public accommodation under Title III of the Americans with Disabilities Act (“Title III” or “ADA”). In doing so, the Court reversed and vacated the district court’s decision finding that defendant, Winn-Dixie Stores, violated Title III by failing to maintain a website that is accessible to individuals, who are blind or have low vision.
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A website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA).
th Cir. Apr. 7, 2021).
While the Eleventh Circuit joins several other circuits in holding a website is not a “place of public accommodation” under Title III, it went further in expressly holding that, under the facts of the case, an inaccessible website is not necessarily tantamount to the denial of goods or services because the website lacked an auxiliary aid that would enable the website to be read aloud by screen-reader technology.
To embed, copy and paste the code into your website or blog:
After keeping us waiting with baited breath for several years, the Eleventh Circuit finally broke its silence – issuing its long-anticipated ruling in
Gil v. Winn-Dixie Stores, holding that websites are not covered as places of public accommodation under Title III of the Americans with Disabilities Act (“Title III” or “ADA”). In doing so, the Court reversed and vacated the district court’s decision finding that defendant, Winn-Dixie Stores, violated Title III by failing to maintain a website that is accessible to individuals, who are blind or have low vision.
To embed, copy and paste the code into your website or blog:
Chances are if you operate a business (public accommodation) that maintains a traditional brick-and-mortar location, then you are no stranger to Title III of the Americans with Disabilities Act (ADA). But just about every business needs to have a basic understanding of Title III these days, as it has recently become a common tool used in litigation alleging that websites fail to live up to legal standards. What do all businesses need to know about Title III and the “surf-by” lawsuit?
What Is Title III?
Title III requires that private business owners maintain a physical environment that is accessible by all. Thus, guests with disabilities who visit the property must be provided accommodations that eliminate potential barriers to goods and services where such removal is “readily achievable” or “easy accomplishable and able to be carried out without much difficulty or expense.” Facilities that are newly construc