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7 Accessibility FAQ on the Winn-Dixie ADA Appeal Decision (2021)

• I like to keep an eye on accessibility legislation in the USA, even when it can feel quite far removed from the UK/EU legal system. Here’s a useful write-up of one of the most important web accessibility cases in recent history:
• In April 2021, a single U.S. Court of Appeals ruled that the Americans with Disabilities Act (ADA) did not apply to the website of supermarket Winn-Dixie, because at the time of filing it did not sell anything online and the plaintiff could access physical stores. In other words, the ADA could not be used to force Winn-Dixie to make their website accessible to blind users.
• 3 judges were on the panel, and they were split 2-1 on the ruling. The decision only applies in 3 states: Alabama, Florida and Georgia. There have been 3 formal requests for a rehearing since the ruling was made, so a rehearing is quite possible and the ruling could change.
• Since the case was filed, Winn-Dixie does now offer online shopping, which would likely have changed the ruling, were it not for court rules stopping new facts from being added to the case on appeal.

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