Argued: October 30, 2018
from the United States District Court for the Eastern
District of Virginia, at Alexandria. T.S. Ellis, III, Senior
District Judge. (1:17-cv-01419-TSE-IDD)
Eugene Strelka, STRELKA LAW OFFICE, Roanoke, Virginia, for
Michael Bredehoft, KAUFMAN & CANOLES, PC, Norfolk,
Virginia, for Appellee.
Leigh Strelka, Norvell W. West IV, STRELKA LAW OFFICE,
Roanoke, Virginia; Scott J. Ferrell, Victoria C. Knowles,
PACIFIC TRIAL ATTORNEYS, P.C., Newport Beach, California, for
Lee Isler, Mark E. Papadopoulos, ISLER DARE, P.C., Vienna,
Virginia, for Amicus National Association of
Federally-Insured Credit Unions.
Jonathan C. Sandler, Los Angeles, California, Christine A.
Samsel, Denver, Colorado, Michael H. Pryor, BROWNSTEIN HYATT
FARBER SCHRECK, LLP, Washington, D.C., for Amicus Credit
Union National Association.
WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
WILKINSON, Circuit Judge.
here has asserted that he has standing to challenge various
aspects of the Department of Labor Federal Credit Union's
website under the Americans with Disabilities Act. 42 U.S.C.
§ 12101 et seq. The district court granted the
Credit Union's Federal Rule of Civil Procedure 12(b)(1)
motion to dismiss. Because we agree that appellant lacks
constitutional standing, we now affirm the judgment.
Department of Labor Federal Credit Union, the appellee, is a
federal credit union that, under the Federal Credit Union Act
of 1934, accepts as members only those who share the
"common bond" of being current and former employees
of the Department of Labor and their immediate families and
households. 12 U.S.C. § 1759(b). Only members can take
advantage of the Credit Union's products or services;
only members may open an account or take out a loan or enjoy
in any way the benefits of the Credit Union. The Credit Union
maintains a website that describes its services and products.
Griffin, the appellant, is a blind resident of Virginia.
Because of his visual impairment, Griffin uses a screen
reader to access the Internet. As he explains in his
complaint, screen readers help the blind access the Internet
by reading aloud the text that appears on a website. Website
operators often take special care to ensure their sites are
legible to screen readers. Many visually impaired people like
Griffin also rely more heavily on keyboards than mouses to
navigate the Internet. Because of this, it is ...