Frivolous ADA Lawsuit Against Ohio CU Dismissed

The U.S. District Court for the Southern District of Ohio has dismissed a lawsuit against an Ohio credit union alleging violations of the Americans with Disabilities Act (ADA). CUNA and the Ohio Credit Union League filed an amicus brief in Mitchell v. BMI Federal Credit Union as part of the CUNA/league defense of credit unions facing frivolous ADA suits.

Credit unions around the country have been hit with similar lawsuits due to confusion about whether the ADA applies to Web sites. CUNA has engaged with the Department of Justice and Congress to find a solution and has also partnered with leagues to defend credit unions in court.

“We’re pleased that another court has ruled that this type of claim against a credit union lacks standing and granted the motion to dismiss,” said CUNA President/CEO Jim Nussle. “Credit unions and disabled Americans lose when these kinds of lawsuits are filed to exploit uncertainty in the statute and CUNA will continue its efforts to find a permanent solution.”

Judge Algenon L. Marbley granted BMI’s motion to dismiss the lawsuit after finding the plaintiff lacks standing to bring the lawsuit.

CUNA and leagues most recently achieved a victory against ADA lawsuits with a dismissal of a lawsuit by the Fourth Circuit Court of Appeals, one that creates binding precedent throughout the Fourth Circuit.

CUNA also wrote to Attorney General William Barr shortly after his confirmation to detail the issue and urge the DOJ to provide a solution.

CUNA has worked with the National Federation of the Blind to find solutions for issues surrounding the ADA while also increasing access to economic opportunities for blind individuals.