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Websites may constitute “public accommodations” under the Americans with Disabilities Act (ADA), according to one court. On June 12, 2017, in a case of first impression, a federal district court in Gil v. Winn-Dixie Stores Inc. held that a website that is heavily integrated with physical store locations and operates as “a gateway to the physical store locations” constitutes a service of a public accommodation covered by the ADA.[1]  This decision comes in the midst of a trend, as we have previously reported, of increasing legal challenges to businesses on the theory that their websites are allegedly inaccessible to disabled persons, in violation of Title III of the ADA.  Although the Gil v. Winn-Dixie decision is not binding on courts in other jurisdictions, other courts may consider it and find it persuasive.  Businesses with consumer-facing websites should make web accessibility a priority.The Gil v. … [Read more...] about Cautionary Ruling for Website Accessibility: Gil v. Winn-Dixie Stores

A U.S. District Court for the Southern District of Florida has held that Title VII of the ADA, applicable to “Public Accommodations” applies to the Winn-Dixie Companies’ website, finding that the company has an obligation to make their website accessible by individuals with disabilities who use computers, laptops, tablets and smart phones. The policy must ensure that persons with disabilities have full and equal enjoyment of its website and shall accompany the public policy statement with an accessible means of submitting accessibility statements and problems.Juan Carlos Gil, who brought the suit (Juan Carlos Gil v. Winn-Dixie Stores, Inc., U.S. District Court of the Southern District of Florida, Case No. 16-23020), is a visually impaired individual who is a customer of Winn-Dixie Stores, Inc., a regional chain of grocery stores. The question before the court was whether the website is subject to the ADA as a service of public accommodation, or in the alternative, … [Read more...] about Federal Court Holds Full Trial on Issue of Website Accessibility to Visually Impaired Users

 On August 21, 2015, a federal court jury in Chicago returned a verdict of $8.9 million in favor of  Michael Jordan and against Safeway and its former supermarket chain Dominick's for the unauthorized use of his identity in an advertisement.BackgroundIn 2009, in commemoration of Michael Jordan's induction into the Basketball Hall of Fame, Time published a special issue of Sports Illustrated Presents devoted to the career of Michael Jordan. Time offered advertising space to Safeway in exchange for its agreement to display and sell the magazine in its chain of Dominick's grocery stores. Dominick's full-page ad appeared at the front of the issue and was styled as a congratulatory message to Mr. Jordan. But the ad also included Dominick's name and logo, a photo of its "Rancher's Reserve" steak and a coupon along with Michael Jordan's name, his iconic number 23 and a message linking him to the steak: "YOU ARE A CUT ABOVE."After publication, Mr. Jordan filed a complaint against … [Read more...] about Protecting the Brand: Jury Awards $8.9 Million Verdict in Favor of Michael Jordan

For the first time, a federal district court has granted a verdict finding that a private-sector company violated Title III of the Americans with Disabilities Act (ADA) because its website was inaccessible to a visually impaired individual. This verdict is likely to lead to a proliferation of the already- growing number of lawsuits filed against private companies, claiming that their websites are “public accommodations” and must be accessible to disabled users.While this case did not necessarily involve one of the ADA’s provisions that management and human resources personnel frequently navigate (e.g., Title I’s requirement that employers provide reasonable accommodations to qualifying disabled employees), it has broad implications for any employer that maintains a website. Can an Inaccessible Website Be Subject to an ADA Claim? The plaintiff in Gil v. Winn-Dixie Stores, Inc. (filed in federal court in the Southern District of Florida) was a legally blind … [Read more...] about ADA in the Digital Age – Federal Court Strikes Down Inaccessible Website

The enforcement date will likely begin in May 2017.The US Food and Drug Administration (FDA) issued its final guidance on April 29 on Menu Labeling (Final Guidance).[1],[2] Importantly, the FDA intends to begin enforcing the Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments Final Rule (Menu Labeling Final Rule)[3] one year from the date that the Final Guidance’s Notice of Availability (NOA) is published in the Federal Register. The NOA for the Final Guidance is expected to be published in early May 2016. Thus, enforcement of the Menu Labeling Final Rule will likely begin in May 2017.The 58-page Final Guidance is largely a reprint of the previous draft guidance of the same name. The Final Guidance contains many nonsubstantive changes from the draft guidance and provides additional examples (as well as several new, revised, and/or reformatted questions and answers on topics such as covered establishments, … [Read more...] about FDA Issues Menu Labeling Final Guidance