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ARTICLE · 20 DECEMBER 2016

A Cautionary Tale: DOJ Intervenes In Another Web Accessibility Lawsuit

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Fighting a web accessibility lawsuit could invite DOJ's intervention, as did a Florida retailer's recent Motion for Judgment on the Pleadings.

United StatesLitigation, Mediation & Arbitration
Kristina Launey
Kristina Launey
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Seyfarth Synopsis: Fighting a web accessibility lawsuit could invite DOJ's intervention, as did a Florida retailer's recent Motion for Judgment on the Pleadings.

Fighting a website accessibility lawsuit is very tempting to many frustrated businesses, but can be a risky decision. One such risk – Department of Justice intervention in the lawsuit – came to fruition for one such business on Monday in Gil v. Winn Dixie, when the DOJ filed a Statement of Interest in the case pending in the Southern District of Florida.

In the lawsuit, Gil alleged that he attempted to access the goods and services available on the Winn-Dixie website, but was unable to do so using his screen reader technology or any other technology provided on the Winn-Dixie website. Accordingly, he claimed the website is inaccessible in violation of Title III of the Americans with Disabilities Act.

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