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Access Now, Inc. v. Southwest Airlines Co.

United States District Court for the Southern District of Florida
227 F. Supp. 2d 1312 (2002)


Facts

Southwest Airlines (defendant) is one of the largest airlines in the United States and does a significant amount of its business via its website. This business includes the booking of flight reservations. Robert Gumson (plaintiff), a blind individual, sought to use the Southwest website with the assistance of certain technologies designed to allow disabled people to use the Internet. Southwest’s website, however, was not designed in such a way as to allow these technologies to function. Therefore, it is impossible for the blind to navigate Southwest’s website. Gumson along with Access Now, Inc. (plaintiff), an advocacy group for the disabled, sued Southwest in federal district court, alleging that Southwest’s website violates Title III of the Americans with Disabilities Act (ADA). Southwest filed a motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Rule of Law

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Issue

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Holding and Reasoning (Seitz, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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