Eleventh Circuit Reverses Website Accessibility Decision (an

Eleventh Circuit Reverses Website Accessibility Decision (and Congress Considers Action) | Kelley Drye & Warren LLP


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In recent years, plaintiffs’ attorneys have found that filing website accessibility cases can be a lucrative business model. By doing a quick scan of a website and then copying and pasting from other complaints, these attorneys can file a complaint with minimal effort. Because the legal requirements in this area are murky and settling is cheaper than litigating, these attorneys can often get a quick settlement. As a result, there have been thousands of these lawsuits, many of which have been filed in Florida.
Florida has been attractive venue for website accessibility cases since a 2017 decision held that Winn Dixie’s website violated the ADA because the website was not easily accessible to blind visitors. The key issue in that case (and other website accessibility cases) is whether websites are places of public accommodation under the ADA. In Winn-Dixie, the court held that the ADA applied because Winn-Dixie’s website was heavily integrated with its physical stores (which are places of public accommodation under the ADA) and the website operated as a gateway for its physical stores.

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