Domino’s Takes ADA Lawsuit Over Website Accessibility to the Supreme Court

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On Monday, shocking news came to hear for the peoples dealing with disabilities. Also for the business with a Website or doing business online or via mobile apps. Till now I think many of you hear about The US Supreme Court denied Domino’s petition to hear the case of Domino’s Pizza LLC. Vs. Guillermo Robles. If you are not aware of it, this blog is for you.

Allow Us to Explain the Story Behind it

In 2016, a blind person filed a lawsuit against leading a Pizza company i.e. Domino’s pizza. Everyone got confused about why he did that. The reason behind it is Guillermo Robles (The Blind Person) was unable to use their website or mobile app to order pizza.

In the beginning, Guillermo Robles filed the case in district court but the district court neglects him & did not hear the case. So, Guillermo appeal sent it to The Ninth Circuit Court of Appeals, but this time, the decision is in Robles’s favor. Now, the leading Pizza Company (Domino’s) is appealing with a writ of certiorari—directly to the Supreme Court.

Writ of certiorari: This is the most rarely used writ in which Dominos is appealing why the nation’s highest court should hear the case.

As from research, we know that the Supreme Court receives about 5,000-8,000 writs of certiorari per year. Thousands of requests are received to Supreme Court which decides either a supreme court hear a case or not. Out of the thousands of requests, the Supreme Court only listen to 100-200 of them. 

The Legal Question

In 2016 when Guillermo Robles filed a lawsuit, the only thing he wants was an accessible website to order pizza from his home like anybody else. Guillermo was not seeking monetary damages or any other financial compensation he just wants an equal right that every other citizen has.

Title III: – Public Accommodations and Services Operated by Private Entities

Title III of the Americans with Disabilities Act states that people dealing with any of the disabilities gets equal access & enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, daycare centers, health clubs, sports stadiums, movie theatres, and so on that a non-disabled person is getting. 

After Supreme Court accepts the Guillermo appeal the only thing Domino’s pizza has done is submit a writ of certiorari. If the Supreme Court accepts Domino’s request the fight will end in the beginning & if the Supreme Court declines the request than the Ninth Circuit Court of Appeals ruling will stand and Dominos have to make their website ADA Compliant means Dominos have to implement accessibility into their website and mobile app.

If the Supreme Court chooses to hear the case, there are two possible scenarios:

 

Scenario A

If Dominos wins the case & they don’t want to make their website & mobile app accessible for the peoples dealing with disabilities. And the other businesses that are excluded for not making their website ADA compliant remains on the safe side. In brief Disable people still get excluded from taking benefits that a non-disabled person is getting.

Scenario B

If Guillermo Robles wins the case it’s been a big victory to all the disabled persons & it will change the future of online businesses. After that, every current website or the person who make new website always makes their website ADA compliant.

UPDATE: Supreme Court Denies Domino’s Writ

On October 7, 2019, the leading business news channel (CNBC) highlighted the shocking news in the market that the Supreme Court has rejected Domino’s Pizza’s request of the writ of certiorari. After that Ninth Circuit Appellate Court of Appeals stands and Dominos have to make their website & mobile app ADA Compliant.

As CNBC also highlighted that in 2018 alone, over 2,200 accessibility lawsuits were filed in federal courts which is nearly about tripled from 2017. This happened because accessibility isn’t going anywhere & the disabled person will get equal benefits of services that a non-disabled person is getting. 

If you are a business owner & don’t want to get sued like Domino’s does then To Be ADA Compliant helps you to make your website or mobile app ADA Compliant. We are a web accessibility consulting & services provider in the USA. We develop and design websites as per your requirements under guidelines and make sure your website works well for people with disabilities. Hire us today and enhance your digital customer experience. Call us now at 949-328-1812

 

 

Working on a website can be difficult. Adding new media and updating pages is chore, even though you know your company website needs to evolve and become more accessible to the many users you are trying to reach. Maybe when you first built it, accessibility wasn’t even really discussed. But now you’ve taken a step back, looked at your customer base with a desire to include everyone and you’ve realized just how important it is to make your site accessible. However, the thought of building a robust site that can do all the things you want it to do is overwhelming.

What is Web Accessibility

A practice of designing and coding the website in order to provide complete compatibility in accessing it by people with disabilities. In addition, it is a way to improve search engine optimization only an ADA Compliant Web Designer will help you to make your website Compliant. Is your website compatible? By going through the checklist below, you can get the answer.

Assessing Current Web Pages and Content

  • The website must include a feature like a navigation link at the top of the page. These links have a bypass mechanism such as a “skip navigation” link. This feature directs screen readers to bypass the row of navigation links and start at the web page content. It is beneficial for people who use screen readers to avoid to listen to all the links each time they jump to a new page.
  • All the links should be understandable when taken out of the context. For example, images without alternative text and links without worded as “click here”.
  • All the graphics, maps, images, and other non-text content must provide text alternatives through the alt attribute, a hidden/visible long description.
  • All the documents posted on the website should available in HTML or another accessible text-based format. It is also applicable to other formats like Portable Document Format (PDF).
  • The online forms on the website should be structured so assistive technology can identify, describe and operate the controls and inputs. By doing this, people with disabilities can review and submit the forms.
  • If the website has online forms, the drop-down list should describe the information instead of displaying a response option. For instance, “Your Age” instead of “18-25”.
  • If the website has data charts and tables, they should be structured so that all data cells are associated with column and row identifiers.
  • All the video files on the website must have audio descriptions (if necessary). This is for the convenience of blind people or for having a visual impairment disability.
  • All the video files on the website must have synchronized captions. People with hearing problems or deaf can access these files conveniently.
  • All the audio files on the website should have synchronized captions to provide access to people who are deaf or hard of hearing.
  • All web pages should be designed so that they can be viewed using visitors’ web browser and operating system settings for color and font.

About Website Accessibility Policy and Procedures

  • One must have a written policy on website accessibility.
  • The website accessibility policy must be posted on the website at a location where it can be easily found.
  • The procedure should be developed to ensure that content is not added to the website until it has been made accessible.
  • It should be confirmed that the website manager has checked the code and structure of all new web pages before they are posted.
  • While adding the PDFs to the website, these should be accessible. Also, the text-based versions of the documents should be accessible at the same time as PDF versions.
  • Make sure that the in-house and contractor staff has received the information about the website accessibility policy and procedure to confirm the website accessibility.
  • It should be confirmed that in-house and contractor staff has received appropriate training on how to ensure the accessibility of the website.
  • The website should have a specific written plan if it contains inaccessible content. Also, it should include timeframes in place to make all of the existing web content accessible.
  • A complete plan to improve website accessibility should be posted along with invited suggestions for improvement.
  • The homepage should include easily locatable information that includes contact details like telephone number and email address. This is useful for reporting website accessibility problems and requesting accessibility services with information.
  • A website should have procedures in place to assure a quick response to the visitors with disabilities who have difficulty in accessing information or services available on the website.
  • Feedback from people who use a variety of assistive technologies is helpful in ensuring website accessibility. So make sure to ask disability groups representing people to provide feedback on the accessibility of your website.
  • Testing the website using a product available on the internet is helpful, These tools are of free cost and check the accessibility of a website. They may not identify all accessibility issues and flag issues that are not accessibility problems. However, these are, nonetheless, a helpful way to improve website accessibility.

Checklist of Action Items for Improving the Accessibility of a Website

In addition, while considering the above suggestions, the following checklist initially prepared by the U.S. Department of Health and Human Services for Federal Agencies provides further guidelines on ways to make websites more accessible for persons with disabilities.

This practical advice, as well as another checklist, are available at:

Satisfying all of these items does not necessarily mean that a website complies with ADA, but it will improve the website’s accessibility and decrease the risk of litigation. Again, an Expert or Web Accessibility Consulting & Services provider should be engaged to conduct a comprehensive review of your website.
Nothing brings you closer to reality than actually facing it. This is the premise of my latest attempt to spread awareness about Web Accessibility.
For better understand, here is a link in which a practical example is shown to make the websites’ user experience better by following the guidelines. Also, it tells the issues affecting various users on the internet with solutions.
You can make your website ADA compliant in an easy way by consulting the professionals, who can do this job effortlessly. Also, you can get a quick website audit from To Be ADA Compliant that offers complete web accessibility consulting & services in California, USA.

Resource: https://dev.to/chinchang/an-interactive-and-practical-introduction-to-web-accessibility-22o1