The U.S. Supreme Court just handed down an order that it would not take a petition from Domino’s Pizza Inc. (yes, the pizza chain) to appeal a lower-court decision that the company has to make its website and app accessible to people with disabilities. This decision is about much more than just a national pizza chain’s website, it’s about disability rights and access.
At first glance, many people assume that discussions about accessibility begin and end in physical spaces. For example, holding meetings on the ground floor of a building, or making sure there’s an accessible ramp instead of just a flight of stairs. But disabilities are as varied as anything else, and what access works for one person might be useless for someone else. Essentially: Just because your building has an elevator doesn’t mean it’s actually accessible.
In this Domino’s case, though, we’re talking about fair access to digital spaces. And because we’re in the age of the internet, this decision could set an important precedent for many cases to come. Guillermo Robles, a blind man, filed a lawsuit against Domino’s back in 2016. As reported by CNBC, he alleged that he couldn’t see the company’s official website or delivery app when using his screen reader software. Thus, he was unable to order from the company. He cites at least two instances where he ultimately was unable to order a customized pizza from the company.
Again: This isn’t just about pizza. It isn’t just about whether or not someone can just “eat something else” or “order from somewhere else.” It’s about fair access, plain and simple.
Let’s look at the case’s history and where it’s at now. First: The lawsuit. As reported by CBS Los Angeles, Robles’ attorney initially asked for damages and injunctive relief from Domino’s, based on the company’s alleged failure to “design, construct, maintain and operate” a website and app that are “fully accessible to” and usable for not only Robles but other visually impaired and blind people. This failure is the violation of the American with Disabilities Act, according to the lawsuit.
Title III of the ADA says (in layman’s terms) that buildings open to the public (including, for example, restaurants) must be accessible to people with disabilities. Pretty straight forward.
What defense is Domino’s using? That the ADA does not explicitly address online spaces. This is true, however—the ADA was written in 1990. So that defense is an obtuse one in today’s internet world. Domino’s says that its site and app are accessible and that people can use a voice-ordering assistant, Dom, and 24-7 hotline. In summary: Domino’s claims that its physical stores are ADA-compliant, and for the online spaces, people can use alternate resources.
Here’s where the lawsuit is now. After the initial lawsuit was filed, a California federal judge dismissed it. A three-judge panel of the 9th U.S. Circuit Court of Appeals in 2018, however, found that the “alleged inaccessibility” of the corporate’s site and app did impede access to goods and services, as reported by the Los Angeles Times. Most recently, Domino’s tried to challenge that decision before the U.S. Supreme Court. On Monday, the court declined the pizza corporation’s petition to hear the case.
“The blind and visually impaired must have access to websites and apps to fully and equally participate in modern society—something nobody disputes,” Joe Manning, Robles’ attorney, said in a statement on Monday. “This outcome furthers that critical objective for them and is a credit to our society.”
Many disability advocates were worried that if the Supreme Court did take the case, it could have actually worked against them. Basically, if the highest court declared that websites and apps don’t need to meet accessibility standards, as noted by Gizmodo, it could make the online world even less friendly to people with a range of disabilities.
In short: The court’s decision not to take the case is a victory for people with disabilities. By the Supreme Court not taking the case, that means the three-judge panel decision (which was in favor of accessibility rights) stands for now. However, the appeals court’s decision does toss the lawsuit down to the lower court. Domino’s says it plans to present its case at trial, which means this will continue.
So a major victory for disability advocates right now, but it’s not set in stone—yet.