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Chicago Tribune Reports: McDonald’s, Kmart and Grubhub Settle Mobile App and Website Accessibility Discrimination Lawsuits

November 10, 2017

GavelThe Chicago Tribune reported this week that McDonalds, Kmart, Grubhub and others have all settled lawsuits brought by blind plaintiffs alleging violations of the Americans with Disabilities Act (ADA) and other laws resulting from “inaccessible” websites and mobile apps.

Defense of "Mootness"

Although federal courts have been, in general, ruling in favor of blind plaintiffs in these ADA website accessibility cases, for companies that take substantial steps to improve accessibility including hiring an expert third party consultant, the defense of "mootness" (because the defendant is already taking the action desired by the plaintiff) is having some success.

For example, in the case of Gomez v. Empower "U" Inc., (Case # #: 1:17-cv-22633-DPG) a federal court judge in Florida recently issued an Order to stay and administratively close a case, in recognition of correction actions allegedly taken by the defendant to address the accessibility of its website to disabled users.