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Posts Tagged ‘public accommodation’

As Commerce Moves Online, the Americans with Disabilities Act Follows

Posted on: February 11th, 2019

By: Natalie Pulley

Does the Americans with Disabilities Act, requiring accessibility in public accommodations, apply to a business’ online presence? The Eleventh Circuit has weighed in on the issue, finding in Dennis Haynes v. Dunkin’ Donuts LLC that the ADA applies online.

In Dennis Haynes, the plaintiff is blind and relies on screen reading software. He attempted to go on the website for Dunkin’ Donuts but the website was not compatible with his, or any, screen reading software. The plaintiff sued Dunkin’ Donuts, LLC, claiming that it violated Title III of the Americans with Disabilities Act by not maintaining a website compatible with screen reading software. He alleged that the inaccessibility of Dunkin’ Donuts’ website has denied blind people the ability to enjoy the goods, services, privileges, and advantages of Dunkin’ Donuts shops.

The Eleventh Circuit agreed with his position and found that a website must comply with ADA requirements. The court found that a website is a service that facilitates the use of brick and mortar shops, which are places of public accommodation. Further, the court found that the ADA is clear that whatever goods and services the business offers as part of its public accommodation, it cannot discriminate against people on the basis of a disability, even if those goods and services are intangible. This opinion sides with a federal court ruling from Florida, which ruled that a supermarket chain could be liable under the statute for operating an inaccessible site.

While there is no blanket requirement of any specific auxiliary aides on corporate websites, the proliferation of website lawsuits presents a risk of liability. Corporations should take proactive steps to ensure that their websites are accessible to those with hearing, muscular, and visual impairments.

If you have any questions or would like more information, please contact Natalie Pulley at [email protected].

Haynes v. Dunkin’ Donuts, Ltd. Liab. Co., 741 F. App’x 752 (11th Cir. 2018)
Gil v. Winn-Dixie Stores, Inc., 257 F. Supp. 3d 1340 (S.D. Fla. 2017)