Blind Consumers’ Access Comes to the Forefront
A blind customer sued pizza giant Domino’s alleging its website and mobile application for ordering pizza was not fully accessible to him in violation of the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act (UCRA). After garnering early dismissal in the trial court, the business operator must now face the challenge to its website and mobile app accessibility under the ADA. The court concluded Domino’s received fair notice that its website and mobile app were required to comply with the ADA. The court balked at the due process defenses that the company lacked notice of the private industry standards that could possibly be imposed as an equitable remedy and the lack of specific guidelines from the Department of Justice addressing ADA compliance.
In the Fourth Circuit, a blind person sought injunctive relief under the ADA when a federal credit union allegedly failed to make its services accessible by making its website compatible with a screen reader the plaintiff used to access the internet. Here the court affirmed dismissal based on standing finding the plaintiff failed to allege, a concrete or particularized injury or that he was likely to suffer future harm.