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Gaunce Law Client Alert – Harder To Sue Businesses For Website ADA Accessibility

While we try not to bore you too much with case law, this was too interesting – and relevant to many of you – not to share.

On Wednesday (4/7/21), the 11th Circuit Court of Appeals (the Court over Georgia, Florida and Alabama) concluded in Gil v. Winn-Dixie Stores that websites are not places of accommodation for purposes of Title III ADA accessibility challenges. Therefore, under the court’s decision, an accessibility barrier on a business’ website is not sufficient on its own to amount to an ADA violation.

This does not mean that one cannot file a lawsuit against a business for website accessibility issues, but the standard to prevail in these claims is certainly higher now. It is still a good idea to ensure your website is compliant especially if you offer different services or products online than you do in a brick and mortar location (if you have one).  This appeared to be a key consideration by the Court in reaching the conclusion they did this week.

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