Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

SCOTUS Declines to Hear ADA Website Accessibility Suit

Author: Scarinci Hollenbeck, LLC

Date: November 22, 2019

Key Contacts

Back

SCOTUS Recently Declined Domino’s Pizza Inc.’s Appeal Over Whether its Website Runs Afoul of the Americans With Disabilities Act (ADA)

The U.S. Supreme Court recently denied Domino’s Pizza Inc.’s appeal over whether its website runs afoul of the Americans With Disabilities Act (ADA). The denial leaves in place the Ninth Circuit’s decision holding that the ADA applies to the pizza chain’s website and mobile application.

Is Your Business' Website ADA Compliant?

Accessibility under the ADA

Title III of the Americans with Disabilities Act provides, in relevant part, that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” Under the law, places of public accommodation are defined as privately operated entities whose operations affect commerce, such as restaurants, hotels, movie theaters, retail stores, private schools and daycare facilities, recreational facilities, and doctors’ offices.

Drafted in 1990, the ADA does not address whether its accessibility requirements apply to the Internet. At the same time, the Department of Justice (DOJ) has stated that the requirements of the ADA apply to private Internet Web sites and services. Still, it has failed to establish a website accessibility standard.

In the absence of a clear mandate, ADA lawsuits have proliferated. In 2018 alone, litigants filed over 2,250 federal lawsuits asserting ADA violations based on Web-site inaccessibility, nearly tripling the number filed in 2017. Courts have also struggled over whether Title III imposes accessibility requirements on Web-only businesses with no fixed physical location. The circuits also don’t agree on whether Title III imposes discrete accessibility requirements on Web sites maintained by businesses whose brick-and-mortar locations are considered ADA-covered public accommodations.

Domino’s Pizza LLC v. Robles

In Domino’s Pizza LLC v. Robles, plaintiff Guillermo Robles, a blind man, alleged that he could not order the pizza from his local Domino’s because the company failed to design its Web site and app so his software could read them. Robles accesses the internet using screen-reading software, which vocalizes visual information on websites.

Robles’ suit sought damages and injunctive relief based on Domino’s failure to “design, construct, maintain, and operate its [website and app] to be fully accessible to and independently usable by Mr. Robles and other blind or visually-impaired people,” in violation of the ADA and UCRA. Robles sought a “permanent injunction requiring Defendant to . . . comply with [Web Content Accessibility Guidelines (WCAG) 2.0] for its website and Mobile App.” Domino’s moved for summary judgment on the grounds that (1) the ADA did not cover Domino’s online offerings; and (2) applying the ADA to the Web site or app violated Domino’s due process rights.

The district dismissed the suit, finding that Domino’s satisfied its obligations under the ADA by providing a toll-free number to assist disabled customers in accessing the website and placing orders. However, the Ninth Circuit reversed. It held that held the ADA applied to Domino’s Web site and app because the Act mandates that places of public accommodation, like Domino’s, provide auxiliary aids and services to make visual materials available to individuals who are blind. Even though customers primarily accessed the Web site and app away from Domino’s physical restaurants, the Ninth Circuit concluded that “the ADA applies to the services of a public accommodation, not services in a place of public accommodation.” The appeals court further held that the lack of specific regulations, not yet promulgated by the DOJ, did not eliminate Domino’s statutory duty. While Domino’s asked the Supreme Court to consider the case, it declined to do so.

Key Takeaway

The Supreme Court’s failure to grant Domino’s petition for certiorari means that the Ninth Circuit’s decision expressly extending Title III to Web sites maintained by brick-and-mortar establishments and mobile apps will stand. It also means that the flood of Web site-accessibility lawsuits will likely grow, leading to an increased risk of liability for businesses. Given the risks, it makes sense for companies to be proactive and take steps to ensure that their websites, mobile applications, and other online platforms are ADA-compliant. For assistance, we encourage you to contact a member of the Scarinci Hollenbeck Business Law Group.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Bill Samuels, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!