News & Analysis as of

Public Accommodation Web Content Accessibility Guidelines (WCAG) Winn-Dixie Stores

Seyfarth Shaw LLP

As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations

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Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more

Blank Rome LLP

U.S. District Court for the Eastern District of New York Issues Important Opinion on the Inapplicability of Title III of the...

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In Winegard v. Newsday LLC, No. 19-CV-04420(EK)(RER) (E.D.N.Y. August 16, 2021), the Honorable Eric R. Komitee held that a website does not constitute a “place of public accommodation” under Title III of the Americans with...more

McAfee & Taft

Appeals courts split on whether websites are ‘places of public accommodation’ under ADA

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Over the last five years, an unceasing wave of lawsuits and demand letters alleging violations of the Americans with Disabilities Act has rolled over businesses across the United States. Plaintiffs have argued that failing to...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Retailer's Website Does Not Have to Comply With the ADA

Over the past several years, plaintiffs lawyers have started a cottage industry that threatens and/or sues businesses on a class action basis using a named disabled person who alleges that he or she was unable to access the...more

Littler

Because of Winn-Dixie: What Does the Eleventh Circuit’s Ruling Mean for Website Accessibility Claims?

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In a long-awaited decision, the U.S. Court of Appeals for the Eleventh Circuit reversed a trial court ruling and held that Winn-Dixie had not discriminated against a visually impaired customer who alleged that Winn-Dixie’s...more

Locke Lord LLP

Website Accessibility: Recent Attempts to Clarify Accessibility Obligations

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Despite numerous attempts to define and address accessibility standards for websites and mobile applications, whether through proposed regulatory guidance or legislation or case law, uncertainty continues. The most recent...more

Rumberger | Kirk

Eleventh Circuit Vacates First-of-Its-Kind ADA Website Accessibility Judgment Against Grocery Store Chain

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In a long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., a divided Eleventh Circuit Court of Appeals vacated and remanded what had been a ground-breaking Florida district court ruling, finding Winn-Dixie liable to a blind...more

Jackson Lewis P.C.

Federal Disability Discrimination Law Does Not Require Websites Be Accessible, Appeals Court Holds

Jackson Lewis P.C. on

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...more

Blank Rome LLP

The Eleventh Circuit Issues Important Opinion on the Inapplicability of Title III of the Americans with Disabilities Act to...

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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...more

Seyfarth Shaw LLP

Eleventh Circuit Says Winn Dixie’s Inaccessible Website Does Not Violate The ADA

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Seyfarth Synopsis:  The Eleventh Circuit’s much-anticipated decision in Gil v. Winn Dixie sets a higher bar for plaintiffs in website accessibility lawsuits and creates a conflict among judicial circuits that could result in...more

Epstein Becker & Green

The Eleventh Circuit Finally Breaks Its Silence on Website Accessibility – But Was Its Decision Worth the Wait?

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...more

Burr & Forman

Website Accessibility Lawsuits

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Last week, the Supreme Court denied Domino’s Pizza’s petition for review of a Ninth Circuit decision permitting a blind plaintiff’s claim to proceed under the Americans with Disabilities Act (“the ADA”). In the case, the...more

Foley & Lardner LLP

Website Accessibility Issues for Employers

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A recent trend in suits filed under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act) includes claims for website accessibility. A number of entities have received...more

Cole Schotz

ADA Case Law And Statutory Updates

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Lawsuits under Title III of the Americans with Disabilities Act, or ADA, based upon a company’s alleged failure to make its website accessible to the visually impaired or legally blind exploded in 2017 and 2018. ...more

Williams Mullen

Lawsuits Regarding ADA-Compliant Websites Spike in 2018

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When discussing the accessibility requirements of the Americans with Disabilities Act (“ADA”), most would think of handicapped ramps, accessible bathroom stalls, or motion or button-activated doors. But how many businesses...more

Fox Rothschild LLP

ADA Website Cases Continue To Befuddle Businesses

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Here is the Southern District of Florida, this past year has been filled with a monumental increase in Americans with Disabilities Act (“ADA”) Title III cases focused on businesses’ web sites. Ever since the Gil v. Winn...more

Ballard Spahr LLP

A New Wave of Website Accessibility Litigation

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Businesses, including various employers and financial service providers, continue to face potential litigation over the accessibility of their websites to individuals with disabilities. ...more

Ballard Spahr LLP

A New Wave of Website Accessibility Litigation: Employers Beware

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Employers across the country continue to face potential litigation over the accessibility of their websites to individuals with disabilities. The increase in website accessibility litigation under the Americans with...more

Esquire Deposition Solutions, LLC

Online accessibility issues fuel new ADA litigation

The Americans with Disabilities Act has made public accommodations like retail stores more accessible to people with disabilities. Which raises the question – would those retail stores’ websites be considered public...more

Cole Schotz

Website Accessibility Cases Under The ADA—What Are Owners And Operators To Do?

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When the Americans with Disabilities Act—the ADA—became law in 1990, websites, which are so common a part of business and life these days, did not exist. Nearly 30 years later, websites are now the driving force behind...more

Burns & Levinson LLP

Is Your Website ADA Compliant, and Should It Be?

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The Americans With Disabilities Act prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public...more

Brownstein Hyatt Farber Schreck

The Gaming Industry is Susceptible to ADA Website Accessibility Lawsuits

While we usually think that that the Americans with Disabilities Act (“ADA”) is limited to physical barriers impacting disabled individuals, such as whether doorways are wide enough or ramps too steep, lawyers for disabled...more

Seyfarth Shaw LLP

2017 Website Accessibility Lawsuit Recap: A Tough Year for Businesses

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Seyfarth Synopsis: 2017 saw an unprecedented number of website accessibility lawsuits filed in federal and state courts, and few courts willing to grant early motions to dismiss....more

Fox Rothschild LLP

The Next Frontier In ADA Title III Litigation Has Arrived In South Florida

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Back in the Spring, I posted about the next frontier in ADA Title III litigation (web site accessibility). Since those posts, the next frontier has shown up, with a vengeance, in the Southern District of Florida. This...more

Lewitt Hackman

Disabling Code: Franchisors Should Ensure Digital Properties Are Accessible

Lewitt Hackman on

Are we still in the dawn of the digital age, or have we moved on to mid-morning yet? Only time, and your company's web site and applications, will tell. Unfortunately, when it comes to website accessibility, it is still...more

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