Argued: August 8, 2019
from the United States District Court for the Eastern
District of Michigan at Detroit. Nos. 2:17-cv-13912;
2:17-cv-13915-Arthur J Tarnow, District Judge.
A. Starr, STARR, BUTLER, ALEXOPOULOS & STONER, PLLC,
Southfield, Michigan, for Appellants.
Richard H. Hikida, PACIFIC TRIAL ATTORNEYS, P.C., Newport
Beach, California, for Appellee.
A. Starr, William R. Thomas, STARR, BUTLER, ALEXOPOULOS &
STONER, PLLC, Southfield, Michigan, for Appellants.
J. Ferrell, David W. Reid, PACIFIC TRIAL ATTORNEYS, P.C.,
Newport Beach, California, Jennifer B. Salvatore, SALVATORE
PRESCOTT & PORTER, Northville, Michigan, for Appellee.
Patricia Corkery, MICHIGAN CREDIT UNION LEAGUE, Lansing,
Michigan, Christine A. Samsel, BROWNSTEIN HYATT FARBER
SCHRECK, LLP, Denver, Colorado, for Amici Curiae.
Before: GILMAN, SUTTON, and WHITE, Circuit Judges.
SUTTON, CIRCUIT JUDGE.
Brintley sued two credit unions under the Americans with
Disabilities Act, claiming that they failed to make their
websites accessible to blind individuals. But Brintley never
suffered an Article III injury from the alleged ADA
violations. Why? She lacks eligibility under state law to
join either credit union and her complaint does not convey
any interest in becoming eligible to do so. We therefore
reverse the district court's contrary decision.
Brintley lives in Michigan and is blind. To navigate the
internet, she uses a screen reader. The software works like
it sounds: It scans webpages and narrates their contents. The
technology remains in its infancy. It struggles with some
material, especially pictures and video unaccompanied by
alternative text. With some effort, companies can ...