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ACCESS NOW, INC. v. SOUTHWEST AIRLINES CO.

No. 02-16163.

385 F.3d 1324 (2004)

ACCESS NOW, INC., a Florida non-profit corporation, Robert Gumson, Plaintiffs-Appellants, v. SOUTHWEST AIRLINES COMPANY, a Texas corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 24, 2004.

Attorney(s) appearing for the Case

Steven Reininger, Rasco, Reininger, Perez & Esquenazi, P.L., Matthew W. Dietz, Coral Gables, FL, Howard R. Behar, Rasco, Reininger, Perez & Esquenazi, Miami, FL, for Plaintiffs-Appellants.

Katherine Renee Schimkat, Carlton Fields, P.A., Miami, FL, Garth Thomas Yearick, Carlton Fields, P.A., West Palm Beach, FL, Sylvia H. Walbolt, Carlton Fields, P.A., St. Petersburg, FL, for Defendant-Appellee.

Linda M. Dardarian, Saperstein, Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, Deirdre K. Mulligan, Jennifer M. Urban, University of Cal. Berkeley, Elaine B. Feingold, Law Offices of Elaine B. Feingold, Berkeley, CA, Katherine Y.K. Cheung, U.S. Foodservice, Columbia, MD, Kathryn S. Zenna, Robbins, Russell, Englert, Orseck & Untereiner, LLP, Washington, DC, for Amici Curiae.

Before TJOFLAT and MARCUS, Circuit Judges, and MUSGRAVE, Judge.

MARCUS, Circuit Judge:

The plaintiffs, Access Now, Inc. and Robert Gumson, appeal the district court's Rule 12(b)(6) dismissal of their claim against the defendant Southwest Airlines Company ("Southwest") under the Americans with Disabilities Act ("ADA"). The case centers around the inaccessibility of Southwest's web site, Southwest.com, to individuals like Mr. Gumson who are visually impaired and use the Internet through a special software program called a "screen...

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