In a shift from previous tactics, blind plaintiff Juan Carlos Gil sued the underlying platform provider and website developer in his website accessibility/Americans with Disabilities Act (ADA) lawsuit, in addition to the specific business promoted by a particular website.
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Chicago Tribune Reports: McDonald’s, Kmart and Grubhub Settle Mobile App and Website Accessibility Discrimination Lawsuits
For companies that take substantial steps to improve accessibility the defense of "mootness" is having some success.
Class Action Plaintiff Targets Universities and Colleges for Website Accessibility Claims: Fordham and Three Others Sued in One Week
In addition to suing Fordham University, the College of Westchester, Iona College and the College of New Rochelle have also been named in class action lawsuits alleging that inaccessible websites violate the Americans with Disabilities Act and other laws.
On June 13, Judge Robert Scola, Jr. released his verdict and Order following a non-jury trial: the defendant Winn-Dixie violated Title III of the Americans with Disabilities Act (ADA) as its website was not accessible to the plaintiff Joan Carlos Gil, a blind individual who uses the JAWS screen reader to access website content.
In the case of Frazier v. AmeriServ Financial Bank, # 17cv0031, 2017 federal district judge Arthur J. Schwab ruled that Title III of the ADA, which prohibits discrimination on the basis of disability, applies to AmeriServ Bank’s website.
12 Deaf Plaintiffs Sue Banner Health for Lack of ASL Interpreters and Lack of Auxiliary Communication Aids
Twelve deaf individuals filed a complaint in Federal District Court in Arizona on March 13 against Banner Health, which operates hospitals, surgery centers and urgent care centers in Arizona, Alaska, California, Colorado, Nebraska, Nevada and Wyoming.
An established plaintiff disability law firm, Carlson Lynch, has sued HCA Holdings in federal court, alleging that websites operated by over 100 hospitals and health care facilities owned by HCA are not accessible to blind individuals and therefore violate Title III of the Americans with Disabilities Act.
The sharp rise of website accessibility litigation and demands that impacted retail, fast-food, financial organizations, banks and education sectors in 2015 and 2016 has expanded to target the healthcare industry, including: hospitals, clinics, health insurance as well as related providers such as drug stores and optical stores.
Financial Services Industry Targeted in Wave of Lawsuit Threats Over Websites Allegedly Inaccessible to the Visually Impaired
In a trend that began several years ago and has migrated through several industries, investment firms are among those being targeted by enterprising plaintiffs’ lawyers alleging that the firms’ website are inaccessible to blind or otherwise disabled users. The claim is that the firms are violating the Americans with Disabilities Act (ADA).
The Wall Street Journal ran a major story on November 1, 2016, describing the growing trend of lawsuits brought by a handful of plaintiff law firms representing blind individuals against hundreds of website operators including well-known names such as Foot Locker, Toys ‘R’ Us, Brooks Brothers and the NBA.