This is fascinating. To be honest, I've never tried to access Acme or
ShopRite's websites. Do any of you look at ads online? My hubby has
been the designated ad surfer in the Lattuca household; I just assumed
I'd flounder around (as I am wont to do anyway) if I tried to access a
grocer's website.
On 6/17/17, ecollege1@xxxxxxxxxxx <ecollege1@xxxxxxxxxxx> wrote:
Thank you Dave for sending this one to us. Myself and a few others haveYou are invited to visit the moderator's Web site at WWW.DavidGoldfield.Info
talked about this problem, but this man really did something about it.
From: David Goldfield
Sent: Friday, June 16, 2017 11:51 PM
To: Philadelphia Computer Users Group for the Blind and Visually Impaired
Subject: [blind-philly-comp] Article: a More Detailed Article Concerning the
Winn-Dixie Lawsuit
This is a slightly more detailed article concerning the Winn-dixie lawsuit.
From Accessibility News International ..
Big Win for Blind Shopper in First U.S. ADA Web Accessibility Trial
JUNE 14, 2017 BY ACCESSIBILITY NEWS INTERNATIONAL
Law Office of Lainey Feingold, June 13, 2017
On June 12, a judge in the federal District Court in South Florida made
history. That history came in the form of a court order in a lawsuit filed
by blind Florida resident Juan Carlos Gil against regional grocer
Winn-Dixie.
The lawsuit argued that the Winn-Dixie website wasn’t accessible. Mr Gil
could not read the store’s online coupons using his screen reader or use
other features on the site.
After a two-day trial the court ruled in favor of the plaintiff (Mr. Gil).
That order is historic because it is believed that this is the very first
trial in an ADA case about website accessibility against a private company,
known legally as a public accommodation. Read the Seyfarth Shaw blog post
that identified the historic nature of this trial.
The judge ruled that it did not have to decide if the Winn-Dixie website was
covered by the ADA in and of itself, because the website was “heavily
integrated with Winn-Dixie’s physical store locations and operates as a
gateway to the physical store locations.” [As you can read in the Digital
Accessibility Legal Updates on this site, other courts have already ruled
that websites are covered by the ADA even without any connection to a
physical place.]
I am pasting here the text of the court’s conclusion, and the requirements
the court imposed on Winn-Dixie on June 12. (In addition to what is below,
the Court also set up a procedure for Mr. Gil to request his attorneys’ fees
be paid by Winn-Dixie, an important aspect of a case when a plaintiff wins
an ADA lawsuit. You can also read the full PDF version of the Court’s 13
page order.
After reviewing the facts and legal arguments made by both sides, the judge
reached his conclusion:
”
Winn-Dixie has presented no evidence to establish that it would be unduly
burdensome to make its website accessible to visually impaired individuals.
To the contrary, its corporate representative unequivocally testified that
modifying the website to make it accessible to the visual impaired was
feasible. Remediation measures in conformity with the WCAG 2.0 Guidelines
will provide Gil and other visually impaired consumers the ability to access
Winn-Dixie’s website and permit full and equal enjoyment of the services,
facilities, privileges, advantages, and accommodations provided through
Winn-Dixie’s website. Gil has proven that he is entitled to injunctive
relief. Robert N. Scola, Jr., United States District Judge in Gil v.
Winn-Dixie”
Then the judge told Winn-Dixie what the company needed to do. The following
text is verbatim from the court order:
Terms of Injunction
The parties shall meet and confer to attempt to agree on the time periods
for the following terms which shall be included in the injunction and shall
file a joint report with their positions by no later than June 30, 2017. Any
terms about which the parties agree shall be in regular font. For terms
about which the parties disagree, the Plaintiff’s proposal shall be
presented in underlined font and the Defendant’s proposal shall be in bold
font. Any additional terms requested by either party shall also be included
in the joint report.
Pursuant to the terms of this Order and Injunction, Winn-Dixie, Inc.:
■1. Shall not, no later than __(date)__________, deny individuals with
disabilities, including the Plaintiff, the opportunity to participate and
benefit from the goods, services, facilities, privileges, advantages, and
accommodations provided through its website http://www.winndixie.com. The
website must be accessible by individuals with disabilities who use
computers, laptops, tablets, and smart phones.
■2. Shall not, no later than __(date)__________, provide individuals with
disabilities, including the Plaintiff, an unequal opportunity to participate
and benefit from the goods, services, facilities, privileges, advantages,
and accommodations provided through its website http://www.winndixie.com.
The website must be accessible by individuals with disabilities who use
computers, laptops, tablets and smart phones.
■3.No later than ________(date)_______, shall adopt and implement a Web
Accessibility Policy which ensures that its website conforms with the WCAG
2.0 criteria.
■4.No later than __(date)__________, shall require any third party vendors
who participate on its website to be fully accessible to the disabled by
conforming with WCAG 2.0 criteria.
Congratulations to Mr. Gil and his lawyers for this important victory in the
quest for full digital equality for disabled people. Although this court
order is binding only on the parties in this case, organizations everywhere
should take notice. Wouldn’t it be better to start your accessibility
initiative today, and not wait for the lawsuit?
Original at http://www.lflegal.com/2017/06/winn-dixie/
--
David Goldfield, Assistive Technology Specialist Feel free to visit my Web
site WWW.DavidGoldfield.Info
You are invited to visit the moderator's Web site at WWW.DavidGoldfield.Info
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