Federal Court Rules Inaccessible Website Violates Title III of the ADA
Lexology
The Department of Justice’s (“DOJ’s”) often criticized rulemaking delays have resulted in no new website accessibility rules for places of public accommodation to receive notice of and implement. Notwithstanding the obvious due process concerns raised by these delays, more and more website accessibility cases are being threatened and filed every day. Most, not unexpectedly, settle. Winn-Dixie did not, and what happened next is worth a closer look.
On June 13, 2017, after a two day bench trial, a federal court ruled that the retailer violated Title III of the ADA because its website was inaccessible to the visually impaired. The case, Juan Carlos Gil v. Winn-Dixie Stores, Inc., Case No. 1:16-cv-23020-RNS, was before the U.S. District Court for the Southern District of Florida. The court ordered injunctive relief (including a three-year injunction) and awarded the plaintiff his attorneys’ fees and costs. While not binding on district court judges, this decision may very well spur the filing and issuing of more lawsuits and pre-litigation demand letters against retailers asserting website accessibility claims. Retailers with websites used by its customers should work with counsel to craft a strategy for preemptively dealing with these types of issues.
Lexology
Effective July 1, 2017, Florida House Bill 727, also known as the Accessibility of Places of Public Accommodation Act (“APPAA”), will be codified in Florida Statutes, under the Florida Americans With Disabilities Accessibility Implementation Act at Section 553.5141 (Certification of conformity and remediation plans).
Ex-employee accuses Lowe's of ADA violation, harassment
Santa Fe New Mexican
A woman who says she suffers from arthritis and spinal stenosis, which causes nerve pain, has filed a lawsuit against her former employer, accusing Lowe’s Home Improvement of violating the federal Americans with Disabilities Act and state and federal civil rights laws, as well as wrongful termination, discrimination, retaliation, assault and battery.
Woman says she was kicked out of St. Louis Zoo because of her service dog
KMOV.com
Sheila Altman told News 4 she went to the Saint Louis Zoo Wednesday to celebrate her 71st birthday with her 7-year-old Bichon Frise service dog named, Simcha.
"I was really happy. I'd go see the polar bears, I'd see the seals, I'd see everybody," said Altman.
But she said shortly after arriving, a security guard approached her, questioned the legitimacy of her service dog and escorted her out of the park.
What businesses don't know about ADA rules could hurt them
Upstate Business Journal
A new building could be inspected by coding officials and open for business, and all seems fine until someone calls or files a formal ADA complaint or lawsuit.
Uber Sued Over Access for Wheelchair Users in DC
Uber has failed to accommodate customers in wheelchairs, with policies that inhibit access for wheelchair users or provide them with watered-down options, depriving them of the ability to use the door-to-door UberX service, a lawsuit filed Wednesday in federal court in the District alleges.
Civil-rights activists and advocates for people with disabilities say the company is violating the 1990 Americans With Disabilities Act and the District of Columbia’s Human Rights Act, which prohibit discrimination in public accommodations against people with disabilities and other protected classes. Uber historically has argued it is a technology company that is not subject to the ADA.
Deaf individual accuses Allen's Family Practice Clinic of Ponchatoula of discrimination
The Louisiana Record
A deaf Tangipahoa Parish individual alleges a Ponchatoula medical facility dismissed her as a patient because she requested an interpreter to be present during appointments.
Jennifer Cordray filed a complaint on June 19 in the U.S. District Court for the Eastern District of Louisiana against Allen’s Family Practice Clinic of Ponchatoula LLP, Gregory J. Allen MD, Steve L. Gaudin MD, et al alleging that they violated Title III of the Americans with Disabilities Act and the Rehabilitation Act.
Former Walmart Employee Files Discrimination Suit Over Breast Pumping Rebuke
5newsonline.com
A former Walmart employee claims the retail giant “shamed and humiliated” her for pumping breast milk at work and later fired her for filing a complaint with human resources, according to a lawsuit filed June 9 in Benton County Circuit Court.
Rebecca Bacila, who worked for the Bentonville-based company’s Global Sourcing Indirect Spend Management Group, said she was chastised for “spending too much time in the lactation room and not working enough” after she returned from maternity leave in 2015, according to court documents.
Her lawsuit alleges Walmart violated multiple federal and state statutes designed to protect employees against discrimination and retaliation, including Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, the Arkansas Civil Rights Act and state labor laws regarding pumping breast milk at work.