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The Eleventh Circuit Issues Important Opinion on the Inapplicability of Title III of the Americans with Disabilities Act to Consumer-Facing Websites | Blank Rome LLP

On April 7, 2021, in Gil v. Winn-Dixie, Case No. 17-13467, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on whether Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., is violated when a place of public accommodation (there, a grocery store) offers valuable in-store benefits to customers through a website that is inaccessible to individuals with visual disabilities. The 2-1 panel decision is significant, and is a likely precursor to U.S. Supreme Court review because, among other reasons, it expressly disagrees with and rejects a prior decision by the Ninth Circuit, the only other circuit court to squarely address the issue of whether the ADA applies to websites. The

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