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To embed, copy and paste the code into your website or blog: 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, advantages, or accommodations of any place of public accommodation…” In Gil v. Winn-Dixie Stores, Inc., the Eleventh Circuit for the first time addressed whether websites are included under ADA Title I...

06/13/21 Judge David Langham When I finished the substantive work on this post, it occurred to me that the Valcourt-Williams case and the "arising out of" requirement are sorta like a hurricane. Comedian Ron White describes a man who remained in the Keys during an evacuation. He said he was essentially proving his virility and bravery. Mr. White notes that "it isnt that the wind is blowin." No, "its what the wind is blowin." He suggests that "if you get hit with a Volvo, it doesnt really matte...

Why Should Maryland Businesses Care? Given the fast-paced advancement of web technology and the snail-paced advancement of law, businesses have struggled to comply with the ADA. Here are the statistics: Over the past three years, plaintiffs across the country have filed more than 10,000 lawsuits against businesses based on allegations that a website lacks accessibility features. In 2020, with more businesses making their services available online due to the pandemic, web accessibility lawsuits ...

To embed, copy and paste the code into your website or blog: 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 an inaccessible website is not necessarily equal to the denial of goods or services. th Cir. Apr. 7, 2021). Website access class action lawsuits have proliferated in recent years. Businesses being sued have ...

The Eleventh Circuit recently issued a ruling that websites are not places of public accommodation, building upon decisions by other courts and deepening the divide among appellate...

To embed, copy and paste the code into your website or blog: 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 constitute places of public accommodation under Title III of the ADA. Moreover, to violate Title III an inaccessible website must create an “intangible barrier” to a disabled individual’s actual ability to access an...

Need for Clarity Becomes Even More Urgent Amid Competing Interpretations, Lack of Guidance The 11th Circuit recently delivered a blow to serial plaintiffs by holding that a website is not a place of public accommodation for purposes of Title III of the Americans with Disabilities Act (ADA). The case, Gil v. Winn-Dixie Stores, Inc., 1 widens the nationwide circuit split as companies impatiently await guidance from the Department of Justice (DOJ) on the applicability of Title III to websites. T...

Thursday, April 22, 2021 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 visually impaired, could not access the company’s website. In  Gil v. Winn-Dixie Stores, the Court held that: (1) websites, unlike “actual, physical spaces,” do not constitute a “public accommodation” as defined by the ADA;...

Thursday, April 22, 2021 On April 7, 2021, a split panel of the U.S. Court of Appeals for the Eleventh Circuit (the “11th Circuit”) issued its highly-anticipated decision in  Gil v. Winn-Dixie Stores, reversing a 2017 judgment against Winn-Dixie that found that the grocery chain’s website violated Title III of the Americans with Disabilities Act (“ADA”).  The 11th Circuit reversed and remanded the case for further proceedings, in part, based on its finding that websites ar...

To embed, copy and paste the code into your website or blog: 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 ...