Issue: Administrative Law (ADA)
Court: U.S. Court of Appeals for the Eleventh Circuit
Whether a business that has entered into a settlement subject to court review to remediate its website to make it accessible to those with visual disabilities can be subject to suit in another jurisdiction that would provide the same equitable relief and no monetary award (except to the plaintiffs' attorney).
The Retail Litigation Center joined the Restaurant Law Center and other business and retail organizations to file an amici brief asking the Eleventh Circuit to affirm the district court's dismissal of the case and to provide clarity to businesses.
Retailers have been subject to mass litigation challenging the accessibility of their websites. However, no clear guidance exists as to whether websites are places of accommodation, and therefore covered by the Americans with Disabilities Act. Despite this, retailers have taken steps to modify their websites as a commitment to increase accessibility to visually impaired individuals.
The case settled and the appeal was voluntarily dismissed.
Procedural History & Case Documents