On April 7, 2021, a three-judge panel of the 11th Circuit Court of Appeals decided that Winn-Dixie’s website was not covered by the Americans with Disabilities Act and, therefore, did not have to be accessible to blind people. The panel was split on the issue, with one judge strongly asserting that the website is required to be accessible. Since then, one of the 12 judges on the Circuit has stayed issuance of the panel’s decision and requested a poll as to whether the case should be heard by the full court (known as “en banc” review). The plaintiff has also requested a rehearing en banc. In support of rehearing, Brown, Goldstein & Levy filed an amicus (“friend of the court”) brief on behalf of the National Federation of the Blind and 9 other leading disability rights organizations. We were proud to represent the disability rights community in opposing this decision.
Read Deque’s “7 Accessibility FAQ on the Winn-Dixie ADA Appeal Decision” blog.