AHLA is excited to share a big win for the lodging industry in the fight against abusive website lawsuits! In 2017, AHLA joined with the National Restaurant Association and other organizations to support litigation in the case of Gil v. Winn Dixie before the 11th Circuit Court of Appeals seeking to clarify rules about website accessibility. After two and a half years of deliberation, the court, late last week, agreed with our position and determined that websites were not places of public accommodation under the Americans with Disabilities Act (ADA).
Over the past several years hotels have become the targets of serial lawsuits claiming violations of the ADA, and in many cases, demanding large settlements from small businesses. Often, plaintiffs will claim barriers to accessing a hotel's facilities when they have never visited the property. In recent years, the suits have expanded to include the accessibility and content of business websites. In those circumstances, it is particularly challenging for hoteliers, because the ADA does not prescribe specific rules about website accessibility. Some courts have inappropriately expanded the ADA to cover websites without Congress or regulatory agencies drafting new rules for businesses to follow. Ultimately, many of the lawsuits attempt to exploit hoteliers under the guise of protecting disabled Americans. Over the years, AHLA has actively worked to educate lawmakers and stakeholders about these challenges. Today, we are pleased to share our efforts are making a difference.