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On Monday October 7, the United States Supreme Court decided which cases they would consider for their fall session. The Court chose to deny a petition from Domino’s Pizza to hear whether its smart phone app and website is required to be accessible to people who are blind or disabled. This leaves in place a lower court decision against the company.
A blind man named Guillermo Robles had sued Domino’s after he was unable to utilize the companies app and website to successfully order food while using a screen reader. Screen reading software is commonly used by the blind and visually impaired as a tool that provides voice feedback about what is showing on a computer or smart phone screen. A screen reader can be used to navigate computer operating systems, apps, games and websites using a variety of keyboard commands.
In court papers, Attorneys for Robles argued that the Americans with Disabilities Act (ADA) requires businesses with physical locations to make their websites and other online platforms accessible to those with disabilities.
A panel of the 9th U.S. Circuit Court of Appeals sided with Robles, writing that the “alleged inaccessibility of Domino’s website and app impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.”
Attorneys for Domino’s, backed by a variety of business groups, had argued that the ADA does not apply to online platforms that were not envisioned when the law was passed in 1990. And, they said, no clear rules exist for how to make their platforms properly accessible.
Robles’ attorney, Joe Manning, said in a statement Monday that the decision by the Supreme Court was “the right call on every level.”
“The blind and visually impaired must have access to websites and apps to fully and equally participate in modern society – something nobody disputes,” he said. “This outcome furthers that critical objective for them and is a credit to our society.”
Domino’s released a statement saying that it was disappointed in the Supreme Court’s decision, but “we look forward to presenting our case at the trial court.”
“We also remain steadfast in our belief in the need for federal standards for everyone to follow in making their websites and mobile apps accessible,” the company said.
Disability advocates have argued that if businesses do not have to create and maintain accessible websites, disabled people could be effectively shut out of substantial portions of the economy.
There has been an increasing number of lawsuits filed over website accessibility in recent years. In 2017, more than 2,200 such suits were filed in federal courts, according to the accessible technology firm UsableNet. That nearly triples the number from 2016.
