A website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA). Gil v. Winn-Dixie Stores, Inc., No. 17-13467 (11th Cir. Apr. 7, 2021).

While the Eleventh Circuit joins several other circuits in holding a website is not a “place of public accommodation” under Title III, it went further in expressly holding that, under the facts of the case, an inaccessible website is not necessarily tantamount to the denial of goods or services because the website lacked an auxiliary aid that would enable the website to be read aloud by screen-reader technology.

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Photo of Mendy Halberstam Mendy Halberstam

Mendy Halberstam is a principal and office litigation manager of the Miami, Florida, office of Jackson Lewis P.C and a Florida Bar Board certified specialist in Labor and Employment Law.

Photo of Joseph J. Lynett Joseph J. Lynett

Joseph J. Lynett is a principal in the New York City, New York, office of Jackson Lewis P.C. He is co-leader of the Disability, Leave and Health Management (DLHM) practice group and leads the Disability Access and Litigation Compliance (DALC) service group. His…

Joseph J. Lynett is a principal in the New York City, New York, office of Jackson Lewis P.C. He is co-leader of the Disability, Leave and Health Management (DLHM) practice group and leads the Disability Access and Litigation Compliance (DALC) service group. His practice focuses on assisting employers, businesses, and educational institutions in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees, as well as disabled students and members of the public.

Joe defends employers, business and educational institutions in federal and state courts and before administrative agencies, including the U.S. Equal Employment Opportunity Commission, New York State Division of Human Rights, the New York City Commission on Human Rights, and the U.S. Departments of Labor and Education involving claims of disability discrimination arising under federal, state and local law, including Title I and III of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the Family and Medical Leave Act, and analogous state and local disability discrimination and public accommodation laws.

Photo of Rebecca M. McCloskey Rebecca M. McCloskey

Rebecca is a tenacious advocate and litigator who loves trial work and oral argument. She had an early awareness of workplace issues through her undergraduate studies in the Cornell School of Industrial and Labor Relations. After many years of practicing employment law, she…

Rebecca is a tenacious advocate and litigator who loves trial work and oral argument. She had an early awareness of workplace issues through her undergraduate studies in the Cornell School of Industrial and Labor Relations. After many years of practicing employment law, she has keen sense of common issues that arise and strives to provide sound, thoughtful advice to protect her clients’ interests and help them avoid litigation.

When litigation is unavoidable, however, Rebecca is prepared to zealously defend her clients. Recent successes include a defense verdict after a two-week jury trial in a sexual orientation hostile work environment case in S.D.N.Y. in 2021; dismissal of an S.D.N.Y. Equal Pay Complaint at summary judgment after oral argument in 2021; dismissal of an AAA Complaint after a week-long arbitration hearing and post-trial briefing in 2020; and dismissal of a claim pending in N.Y.S. Division of Human Rights after a four-day public hearing in 2022.