The U.S. Court of Appeals for the Eleventh Circuit confirmed that absent amendment of the law, Title III of the Americans with Disabilities Act (“ADA”) does not apply to businesses’ websites.
In Gil, a visually-impaired customer brought suit against Winn-Dixie Stores, Inc. under Title III of the ADA, challenging the fact that the grocery store chain’s website was incompatible with his screen-reading software that enabled him to read websites. After a bench trial, a federal district court ruled in the plaintiff’s favor. On appeal, the Florida Justice Reform Institute filed an amicus curiae brief in support of Winn-Dixie, arguing that the ADA’s plain language does not extend its requirements to businesses’ websites. The Eleventh Circuit agreed, ruling that it was up to Congress to expand the ADA to encompass businesses’ websites as places of public accommodation within the meaning of Title III of the act.
FJRI represented by Carol C. Lumpkin and Stephanie N. Moot of K&L Gates LLP.