Removing Barriers Blog

CUNA, leagues filed ADA amicus in 7th Circuit
Posted December 24, 2018 by CUNA Advocacy

CUNA and the state CU leagues of Wisconsin and Illinois filed an amicus on Thursday, December 20, in the U.S. Court of Appeals for the 7th Circuit. The brief was submitted in support of a credit union facing a lawsuit related to ADA website accessibility.

Yesterday’s brief is the latest CUNA/league action to defend credit unions faced with ADA-related lawsuits, and the second one filed at the appellate level.

CUNA’s primary arguments in the case, Carello v. Aurora Policemen CU are:

  • That the appellant lacks standing, and had not suffered concrete and particularized harm because he does not meet the eligibility requirements to become a member Aurora Policemen FCU;
  • A website is not a place of public accommodation, and therefore the ADA does not apply; and
  • Applying Title III of the ADA to websites renders the statute impermissibly vague in the absence of any implementing regulations by the Department of Justice.
  • CUNA consulted with all state leagues in the 7th Circuit Court’s jurisdiction when preparing its brief.