Seyfarth Synopsis: The first trial under the ADA about the accessibility of a public accommodation’s website took place last week in the Southern District of Florida.
Last week, U.S. District Judge Robert Scola presided over — to the best of our knowledge — the first trial in the history of the ADA about the accessibility of a public accommodation’s website in the case captioned Gil v. Winn Dixie Stores, Inc. According to the court’s docket, the two-day trial consisted of testimony by the plaintiff, plaintiff’s website accessibility expert, and a corporate representative from Winn Dixie. No expert testified on behalf of Winn Dixie. The matter is now “under advisement” of the Court.
To avoid trial, Winn Dixie had filed a Motion for Judgment on the Pleadings earlier in the case asking the court to dismiss the case on the theory that a website is not a public accommodation covered by Title III of the ADA. As we reported, Judge Scola rejected this argument holding that the plaintiff had alleged sufficient facts that, if proven at trial, would establish a “nexus” between Winn Dixie’s physical store and its website that would place the website within the ADA’s reach.
Stay tuned for Judge Scola’s decision.