After reviewing a brief history of the ADA and the U.S. Department of Justice’s (DOJ) interpretation that Title III’s public accommodation accessibility requirements apply to websites, we look at DOJ’s approach to enforcing the ADA during the Biden Administration. We also review recent ADA litigation trends, the 11th Circuit’s landmark Winn-Dixie decision and its likely
accessibility
Eleventh Circuit Overturns Landmark Accessibility Decision in Winn-Dixie, Determines Certain Websites Are Not “Public Accommodations” Covered by Title III of the ADA
On April 7, 2021, the Eleventh Circuit Court of Appeals ruled that Winn-Dixie Stores’ websites are not “public accommodations” and therefore are not subject to the accessibility requirements of Title III of the Americans with Disabilities Act (“ADA”). The decision reversed a 2017 federal district court opinion – in what may be the only website…
DOJ takes flexible position on website accessibility requirements
By Olabisi L. Okubadejo on
Posted in Federal Agencies, Regulatory and Enforcement
While most websites of businesses, including banks and financial services providers, should be accessible to individuals with disabilities, questions exist as to how this requirement is enforced. On September 25, 2018, the U.S. Department of Justice issued a letter to a member of the U.S. House of Representatives in which it took the position that…