In January the Ninth Circuit Court of Appeals issued a decision allowing a blind plaintiff to proceed with his ADA Title III lawsuit against Domino’s Pizza for having an allegedly inaccessible website and mobile app. The court determined that allowing the claim to move forward was not a violation of Domino’s due process rights, even though the ADA and its regulations contain no definition of, or technical specifications for, “accessible” public accommodations websites. It now appears that Domino’s is planning to try to take the issue to the U.S. Supreme Court.
Domino’s recently requested a 60 day extension of time to file a petition with the Supreme Court asking for it to review the case. The request was granted by Justice Kagan. Domino’s Petition for Certiorari is now due on June 14, 2019.
This is an important issue to many. From the business-side of the fence, companies are facing an increasing number of lawsuits relating to the accessibility of their websites while they have not received much guidance from the courts or the Department of Labor as to what they are required to do in order to make their websites properly accessible. For those with certain disabilities, the transition of much or our day-to-day commerce from brick and mortar stores to the online world has increasingly left them out.
It is an important issue that deserves attention from both the courts and the Department of Labor.