Another Reminder to Public Accommodation Businesses: Make Your Website ADA Compliant

(February 7, 2019) If your business is a place of “public accommodation” and you have a website, a recent case should serve as a reminder that your website and app must be compliant with the Americans with Disabilities Act (“ADA”).

Domino’s Pizza, LLC was sued by a blind customer who accessed various websites using screen-reading software, which vocalizes visual information on the website. The customer contended that he was unable to order a pizza online because Domino’s failed to design its website and app so his software could read them. The trial court found that, while Domino’s needed to comply with the ADA, it was not liable because it was denied due process due to the fact that there were no federal guidelines on implementing ADA for websites. The Ninth Circuit reversed the trial court’s dismissal of the case.

The appellate court found the “ADA expressly provides that a place of public accommodation, like Domino’s, engages in unlawful discrimination if it fails to ‘take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services.” Domino’s is a place of public accommodation even though customers predominantly access it away from the physical restaurant.

“At least since 1996, Domino’s has been on notice that its online offerings must effectively communicate with its disabled customers and facilitate ‘full and equal enjoyment’ of Domino’s goods and services,” the appellate court wrote. This accommodation is a requirement whether or not the federal government has issued final guidelines. “While we understand why Domino’s wants DOJ to issue specific guidelines for website and app accessibility, the Constitution only requires that Domino’s receive fair notice of its legal duties, not a blueprint for compliance with its statutory obligations.” Standing alone, the court wrote, the ADA “articulates comprehensible standards to which Domino’s conduct must conform.”

The DOJ had issued draft proposed guidelines but withdrew the draft rules in 2017. A private industry group issued Web Content Accessibility Guidelines (“WCAG”) for websites and mobile apps, which have been adopted by some federal agencies for their public websites. The appellate court said  the WCAG may be helpful in determining what constitutes an appropriate accommodation, even though the guidelines are not legally binding.

Guillermo Robles v. Domino’s Pizza, LLC, Ninth Circuit No. 17-55504, issued January 15, 2019.