GIL v. WINN-DIXIE STORES, INC.

No. 17-13467.

993 F.3d 1266 (2021)

Juan Carlos GIL, Plaintiff-Appellee, v. WINN-DIXIE STORES, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 7, 2021.


Attorney(s) appearing for the Case

David Ferleger , Law Office of David Ferleger, Jenkintown, PA, Joshua Michael Entin , Entin & Della Fera, PA, Fort Lauderdale, FL, for Plaintiff-Appellee.

Susan Virginia Warner , FisherBroyles, LLP, MIAMI, FL, for Defendant-Appellant.

Joyce Ackerbaum Cox , Kevin W. Shaughnessy , Baker & Hostetler, LLP, Orlando, FL, for Amicus Curiae the Restaurant Law Center, American Bankers Association, American Hotel & Lodging Association, Asian American Hotel Owners Association, Chamber of Commerce of the United States of America, National Association of Theatre Owners, National Federation of Independent Businesses, National Multifamily Housing Council, National Association of Convenience Stores, National Association of Realtors, National Retail Federation, American Resort Development Association.

Carol Celeiro Lumpkin , Stephanie N. Moot, K&L Gates, LLP, Miami, FL, for Amicus Curiae Florida Justice Reform Institute.

Gregory Prescott Care , Brown Goldstein & Levy, LLP, Baltimore, MD, for Amicus Curiae National Federation of the Blind, American Council of the Blind, American Foundation for the Blind, Association of Late Deafened Adults, Disability Independence Group, Inc., Disability Rights Advocates, Disability Rights Education & Defense Fund, Disability Rights Florida, Florida Council of the Blind, National Association of the Deaf, National Disability Rights Network, National Council on Independent Living, National Federation of the Blind of Florida, Washington Lawyers' Committee for Civil Rights and Urban Affairs, World Institute on Disability.

Before JILL PRYOR and BRANCH, Circuit Judges, and REEVES, District Judge.


Appellant Winn-Dixie Stores, Inc. ("Winn-Dixie"), a grocery store chain, operates a website for the convenience of its customers but does not offer any sales directly through the site. Appellee Juan Carlos Gil ("Gil") is a long-time customer with a visual disability who must access websites with screen reader software, which...

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