CINCINNATI– The U.S. District Court for the Southern District of Ohio has dismissed a lawsuit against BMI Federal Credit Union that had alleged violations of the Americans with Disabilities Act (ADA). The suit is similar to those that have targeted credit unions across the country over their websites.
Both CUNA and the Ohio CU League had filed amicus briefs in the case. Judge Algenon L. Marbley granted BMI’s motion to dismiss the lawsuit after finding the plaintiff lacks standing to bring the lawsuit.
“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 in a statement. “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.”
CUNA noted it has consistently engaged with the Department of Justice (DOJ) and Congress to find a solution to the confusion about whether the ADA applies to websites, including writing to Attorney General William Barr shortly after his confirmation to provide insight on the issue and further urge the DOJ to find resolution.
CUNA noted it has also 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.
The Dublin, Ohio-based BMI Credit Union has approximately $497-million in assets and 37,700 members.