Supreme Court Nominee Wrote Opinion in Credit Union ADA Lawsuit
Barrett wrote an opinion upholding a ruling that a blind man had no grounds to sue an Illinois credit union since he wasn't a member.
Amy Coney Barrett, President Trump’s nominee for Supreme Court justice, authored an opinion that threw out an Americans With Disabilities Act lawsuit filed by a blind man against an Illinois credit union.
Trump, on Saturday, nominated Barrett to replace the late Justice Ruth Bader Ginsburg. Barrett is a judge for the Circuit Court of Appeals for the 7th Circuit.
During the past few years, credit unions and other businesses have faced lawsuits filed by defendants contending that their websites are inaccessible to them and thus, are in violation of the ADA. Some appellate courts have dismissed those suits, but credit union trade groups have expressed frustration as legal bills continued to climb. Advocates long have argued that Justice Department guidance is needed to settle the issue.
In 2010, the Obama Administration issued an Advanced Notice of Proposed Rulemaking stating that it would issue ADA guidance, but President Trump put the issue on the back burner.
As a result, the lawsuits were filed.
The DOJ has not issued guidance despite past calls by senators, House members and states attorney general.
Matthew Carello, a blind man, filed suit against the Aurora Policemen Credit Union in Illinois in 2017, charging that his rights were violated because he could not gain access to the credit union’s website.
A U.S. District Court threw the lawsuit out, saying that Carello did not have standing to sue because he was not eligible to join the lawsuit under its field of membership restricts.
Barrett wrote the opinion upholding that ruling.
She said Carello uses a “screen reader” that reads text from website. The credit union’s website did not feature software that supported a screen reader.
However, Barrett said the Aurora credit union limits its membership to specified local city and county employees.
“Carello is not eligible for, nor has he expressed any interest in, membership in the Credit Union,” Barrett wrote. “Instead, he is a tester: He visits websites solely for the purpose of testing compliance with the Americans with Disabilities Act.”
She went on to rule that, “As the Fourth Circuit recently held in a nearly identical case, a plaintiff who is legally barred from using a credit union’s services cannot demonstrate an injury that is either concrete or particularized.”
Nonetheless, Barrett said Carello’s goal of forcing the credit union to make its website more accessible to the visually impaired was “commendable.”
House Judiciary Chairman Lindsey Graham has scheduled Barrett’s confirmation hearing to begin on Oct. 12.