Civil Procedure Keyed to Hazard
Access Now, Inc. v. Southwest Airlines Co.
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 Defendant website with the assistance of certain technologies designed to allow disabled people to use the Internet. Defendant’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 Defendant’s website. Gumson along with Access Now, Inc. (Plaintiff), an advocacy group for the disabled, sued Defendant in federal district court, alleging that Defendant’s website violates Title III of the Americans with Disabilities Act (ADA). Defendant filed a motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
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