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The decision by the United States District Court for the Southern District of Florida in Gil v. Winn-Dixie Stores, Inc. undoubtedly had a direct impact on the subsequent increase in the filing of website accessibility cases...more
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
Seyfarth synopsis: Winn-Dixie has asked the Eleventh Circuit to recall its decision to dismiss the appeal and underlying lawsuit as moot and that the decision be reconsidered by a full panel of Eleventh Circuit judges....more
The litigation landscape for Americans with Disabilities Act (ADA) website claims grew murkier after the Eleventh Circuit Court of Appeals vacated its previous ruling in the grocery store chain’s favor. In Gil v. Winn-Dixie...more
In 2017, Juan Carlos Gil, who is legally blind, filed a civil action against Winn-Dixie Stores seeking declaratory and injunctive relief for Winn-Dixie’s alleged failure to maintain a website accessible to visually impaired...more
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
Title III of the Americans with Disabilities Act (“ADA”) provides that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,...more
Seyfarth Synopsis: A recent order from the Eleventh Circuit signals that the court is seriously considering a rehearing in Gil v. Winn-Dixie....more
In December 2017, we reported on the number of lawsuits being filed around the country against businesses and retailers for violations of Title III of the Americans with Disabilities Act ("ADA") that requires equal access for...more
A website is not a “place of public accommodation” within the meaning of Title III of the Americans with Disabilities Act (ADA), a federal appeals court has held in a groundbreaking decision on disability discrimination. And...more
Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2020 jumped a surprising 12% over 2019, in spite of a mid-year pandemic dip in filings....more
In a decision that creates new hurdles for website accessibility lawsuits under the Americans with Disabilities Act (ADA), on April 7, 2021, the US Court of Appeals for the Eleventh Circuit ruled that websites do not...more
Title III of the Americans with Disabilities Act (ADA) requires that disabled persons have equal access to goods and services provided by any “place of public accommodation.” ...more
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...more
In a long-awaited opinion, the Eleventh Circuit held that websites are not places of public accommodation for purposes of the Americans with Disabilities Act (ADA). When employers think of the ADA, the first thing that likely...more
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
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....more
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
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 accommodation” under the Americans with...more
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
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...more
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
On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., reversing a trial court’s decision against Winn-Dixie, holding that websites are not places of...more
Businesses with an online presence should take note that the United States Court of Appeals for the Eleventh Circuit has held - in a split decision - that websites are not places of public accommodation under Title III of the...more
A federal appeals court has issued a long-awaited decision rejecting a claim that anti-discrimination law requires a retail store’s website to be accessible to the disabled. Any company with a customer-facing website —...more