Court Tosses ADA Lawsuit Against Texas CU

The U.S. District Court for the Southern District of Texas has dismissed a lawsuit filed against Smart Financial Credit Union related to Web site accessibility requirements under the Americans with Disabilities Act (ADA).

In its decision, the court found that the plaintiff did have standing as he seemed to fall in the credit union's field of membership. The court, however, determined that a Web site is not a physical place of public accommodation and therefore the credit union would not be liable under the ADA.

Earlier this year, the U.S. Court of Appeals for the Fourth Circuit upheld the dismissal of a lawsuit against the Department of Labor Federal Credit Union (DOLFCU) related to Web site accessibility standards. The court determined that the plaintiff in that case lacked standing to bring the lawsuit as he did not fall within the credit union's field of membership and could not become a member.

In another recent case, the U.S. Court of Appeals for the Ninth Circuit determined that ADA requirements are applicable to Web sites and mobile applications.

CUNA and the state leagues strongly support the protections of the ADA and have pressed the Department of Justice for clear guidance and standards for Web site compliance.