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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 and enjoy equally the goods and services of a physical place of public accommodation. Gil v. Winn-Dix...

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. Though the DOJ has thus far been reluctant to issue regulations, despite Congress’ pleas, that may ...

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; and (2) Winn-Dixie’s limited-use website did not create an “intangible barrier” to access its...

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 are not a “public accommodation” under the ADA. While this decision is a victory for businesses—...

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 lawsuits alleging that company websites (typically retail websites) inaccessible to individuals with...