Why a Miami Federal Court Ruling Could Affect ADA Compliance Across the US and is the Business World Watching?

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Why a Miami Federal Court Ruling Could Affect ADA Compliance Across the US and is the Business World Watching?

Erika Cappiello, In-house Counsel, South Florida Educational Federal Credit Union, USA

A two day bench trial in Miami this past June resulted in a Federal Court ruling the entire business world should pay attention to. This Miami case was on the radar of a few attorneys prior to trial but then reached the immediate attention of others once the ruling was issued. The case was decided by Judge Scola in the United States District Court, Southern District on June 12, 2017. It was brought by Juan Carlos Gil (“Gil”), a visually impaired Plaintiff, in Federal District Court in Miami under Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§12181-12189 (the “ADA”) and in the action alleged that Defendant, Winn-Dixie Stores, Inc. (“Winn-Dixie”) had an inaccessible website to the visually impaired. Defendant, Winn-Dixie, is a chain of grocery stores that are regionally located throughout the State of Florida with some locations containing in-store pharmacies. Plaintiff, being a visually impaired adult and a regular customer of Winn-Dixie sued the grocery store chain seeking declaratory and injunctive relief together with attorneys’ fees.

Erika Cappiello is a licensed Florida Attorney with a Juris Doctor (JD) from the University of Miami, a Master’s in Business Administration (MBA) from Nova Southeastern University, and is a Certified Compliance Officer (NCCO). Attorney Cappiello has worked for the past nine plus years as In-house Counsel for the largest Credit Union based in Miami, Florida. She has previous experience working at large Miami law firms representing many credit unions, banks, insurance companies and businesses. Ms. Cappiello’s total legal experience spans across more than 21 years and has been the Vice President over several Credit Union departments including Collections, Compliance, Legal and Loss Prevention. Attorney Cappiello is a previous board member of her local Credit Union League. She regularly works on special projects and enjoys looking for creative solutions to Credit Union issues by joining her business, credit union and legal experience.

South Florida Educational Federal Credit Union was one of the first Credit Unions chartered in Florida in 1935. They are the largest Credit Union based in Miami, Florida with 7 main branches, 13 high-school branches, over 77,000 members and over 1 Billion in assets. South Florida Educational Federal Credit Union has a stellar reputation with consistently high rankings and most recently was noted as the fifth financially healthiest Credit Union in the United States with an A+ health rating. South Florida Educational was founded by local school teachers in 1935 and has supported the community each year by giving away 15 four-year Florida Prepaid University Tuition Scholarships to graduating high school students. The scholarship program began in 1995 and the Credit Union has since added ten graduate school scholarships.

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