ADA in the News April 8, 2021

Websites Not Bound by ADA Accessibility Rules, 11th Circuit Finds

In a decision that a dissenting judge warned could have widespread consequences for visually impaired people, a split panel of the 11th Circuit ruled Wednesday that websites for businesses that are generally open to the public are not places of public accommodation under the Americans With Disabilities Act.

In a 2-1 decision, a panel of the Atlanta-based appeals court ruled that although “inaccessibility online can be a significant inconvenience,” supermarket chain Winn-Dixie cannot be found liable under Title III of the ADA for having a website that is inaccessible to disabled people who use screen-reading software.


Lawsuit Filed Against McMaster for Ordering State Employees to Return to In-Person Work

A lawsuit was filed Tuesday against Governor Henry McMaster for ordering state employees to return to in-person work. The lawsuit was filed by Deborah Mihal - a College of Charleston employee - and the American Civil Liberties Union Foundation of South Carolina.


Key Questions About COVID-19 Vaccine Mandates

The extent to which states and/or employers might adopt COVID-19 vaccine mandates remains an open question but could affect the distribution and uptake of vaccinations. This is likely to become a more prominent issue over time, as the need to vaccinate a large share of the U.S. population becomes more urgent in the face of variants and reluctance by some to get vaccinated, and if any of the vaccines which currently operate under emergency use authorization (EUA) are fully approved by the Food and Drug Administration (FDA). This issue brief explains the legal basis for vaccine mandates by the federal government, states, and private employers; highlights considerations for mandates while COVID-19 vaccines are subject to an EUA; and discusses mandate exemptions based on disability or religious objection.

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