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Financial Services Law Insights and Observations

11th Circuit holds ADA action against restaurant chain’s website is not moot

Courts Appellate Eleventh Circuit Americans with Disabilities Act

Courts

On June 19, the U.S. Court of Appeals for the 11th Circuit held that a plaintiff’s claims against a national restaurant chain for allegedly operating a website that was not compliant with the Americans with Disabilities Act (ADA) are not moot despite a previous settlement with a separate plaintiff. The plaintiff sued the restaurant chain seeking declaratory and injunctive relief, requesting that the court (i) order the restaurant to alter its website and make it accessible to individuals with disabilities as required by Title III of the ADA; and (ii) order the restaurant chain to continually update and maintain that accessibility. Prior to the plaintiff’s filing, the restaurant chain reached a settlement in an earlier case with similar claims. The district court held that the plaintiff’s claims were moot because the restaurant chain had already agreed to the remedy the plaintiff sought in the previous settlement and had begun the process of its remediation plan by placing an accessibility notice on its website. On appeal, the 11th Circuit disagreed with the lower court, holding that the plaintiff’s claims are not moot, finding that the restaurant chain has not yet successfully remediated its website and the plaintiff’s request for an injunction against the restaurant chain if the website is not brought into compliance is still viable. The appellate court also noted that the current plaintiff would have no way of enforcing the settlement’s remediation plan because he was not a party to that action.

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