March 1, 2019
The Ninth Circuit Court of Appeals ruled on January 15, 2019 that Domino’s Pizza must update their mobile app and website so that its online services are available for people with visual impairments.
This case dates back to 2016 when Guillermo Robles filed suit because he claimed that the Domino’s website made online coupons and custom ordering features inaccessible to the visually impaired.
The Ninth Circuit said that Dominos had "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."
This ruling holds that the application of ADA applies to websites and mobile apps when the website or app has a nexus to a physical place of business. Companies need to ensure that goods and services offered online to the public are accessible to customers with visual impairment when they also have a physical place of business.
In summary, the Ninth Circuit determined that the Domino’s app and website should provide “effective communication and full and equal enjoyment of its products and services as the ADA mandates.”
The application of the ADA to websites and mobile apps will be subject to significant litigation and legal changes in the future.
The decision by the Ninth Circuit is just a piece of the bigger picture, and the legal requirements for online accessibility are still uncertain. Businesses are encouraged to address online accessibility.
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