In an article for Law360, Manatt litigation Partner Donald Brown examined a recent U.S. Court of Appeals for the Eleventh Circuit decision, which held that grocery store chain Winn-Dixie Stores Inc. does not need to make its website accessible to blind people. “In a case closely watched by disability advocates as well as businesses under siege from website-access litigation, the court joined the U.S Courts of Appeal for the Third, Sixth and Ninth Circuits in holding that ‘place of public accommodation’ under Title III of the Americans with Disabilities Act means a physical place,” Brown wrote. He noted that the holding, which includes a “blistering dissent,” applies only in the Eleventh Circuit and is based on the facts of this specific case, adding that “the federal circuit courts remain divided on whether business websites must always be accessible.”
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