News & Updates: U.S. Supreme Court Refuses to Hear Web Accessibility Appeal by Domino’s Pizza

Earlier this year, the Ninth Circuit Court of Appeal ruled that Title III of the Americans with Disabilities Act (ADA) applied to the website for Domino’s Pizza. The ruling was consistent with prior Ninth Circuit decisions, and confirmed that the ADA applies to websites where the goods or services provided through the website are linked to places of public accommodation. But frustrated by the growing avalanche of lawsuits alleging inaccessibility of websites, Domino’s asked the U.S. Supreme Court to intervene.

On October 7, 2019, the Supreme Court declined to review the Ninth Circuit’s decision. While the Supreme Court’s denial of Domino’s petition was a blow to the business community, the outcome was not surprising. After all, all the circuit courts are in agreement that businesses, like Domino’s Pizza, with a website that is linked to a physical location, are required to make their websites accessible. The more interesting question is whether an “internet-only” business – one that is not tied to a physical brick-and-mortar location – should be subject to the ADA’s provisions applicable to public accommodations. On that question, there is a split between the circuit courts, with the First, Second, and Seventh Circuits holding that they are, and the Third, Fifth, Sixth, and Ninth Circuits holding that they are not.

Also interesting will be the extent to which the questions left unanswered by the Ninth Circuit in the Domino’s case will be answered in the future. What standards will courts apply to evaluate whether a website is in fact accessible in the absence of DOJ guidance? Will state courts and legislatures step in to define “accessibility” to mean compliance with certain technical standards set by non-governmental bodies, such as Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1? Time will tell. But for now, the best way for businesses to avoid website accessibility lawsuits is to take steps to ensure that the features and services they provide on their websites are as accessible as possible to individuals who are blind or low-vision.