Supreme Court allows blind man's website lawsuit against Domino's Pizza to proceed

Marco Green
October 8, 2019

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The case stems back to a 2016 lawsuit against Domino's by Guillermo Robles, who is blind, and who claims he could not order a pizza using the company's website or mobile site because it is not accessible. He wants the website to be made accessible to people with different types of disabilities.

"Each defendant must figure out how to make every image on its website or app sufficiently accessible to the blind, how to render every video or audio file sufficiently available to the deaf, or how to provide content to those who can not operate a computer or mobile phone", the pizza chain had argued.

Title III prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices) and requires newly constructed or altered places of public accommodation-as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)-to comply with the ADA Standards.

But without comment or dissent on Monday, the high court said it would not hear the case of Domino's Pizza vs. Robles.

Robles argued that on least two occasions he was unable to order a pizza because screen-reading software he uses did not work properly.

Robles used the "Job Access With Speech" or JAWS, a screen-reading program available on Windows that processes graphics or embedded links on websites with alternative text (alt text).

Lawyers for Domino's agreed this provision applied to its pizza stores, but not its website.

The ADA "does not demand full accessibility for each and every means of accessing the goods or services a public accommodation provides to the public", the company argued in its appeal.

Trade groups said they've seen an increase in lawsuits alleging websites were not ADA-compliant.

Other reports by Click Lancashire

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