As I have previously noted (more recently here), in recent months a small number of plaintiffs’ law firms have launched a host of lawsuits under the Americans with Disabilities Act (ADA) based on allegations of website inaccessibility. In light of a recent development, these lawsuits may become an even bigger concern. On June 13, 2017, a federal judge in the Southern District of Florida, following a bench trial, entered a verdict that the website of Winn-Dixie Stores was inaccessible to a visually impaired individual in violation of Title III of the Americans with Disabilities Act. The trial was the first in the history of the ADA about an allegedly inaccessible website and the verdict arguably has significant implications for other businesses that have been hit with suits alleging that their websites are in accessible. The verdict and order in the Winn-Dixie case can be found here.
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California Court Rules Retailer’s Website Violates ADA Accessibility Requirements
In a March 21, 2016 ruling (here), a California state court judge has held that a retailer violated the American s with Disabilities Act because its website was not accessible to a visually-impaired plaintiff. According to a March 29, 2016 post on the Seyfarth Shaw law firm’s ADA Title III blog (here), with this ruling, the California court became “the first in the nation” to rule that a website violated the ADA’s public accommodation accessibility requirements. As discussed below, the ruling could herald an increase of ADA litigation involving website accessibility.
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