No announcement yet. soon to be ADA(AA) compliant? - US Supreme court allows blind people to sue online shops if their website is not accessible


  • soon to be ADA(AA) compliant? - US Supreme court allows blind people to sue online shops if their website is not accessible





    The US Supreme Court has chosen to allow a lower court ruling that the Americans with Disabilities Act (As Amended), protects access to websites and apps, not just stores and restaurants




    The Supreme Court cleared the way Monday for blind people to sue...retailers if their websites are not accessible to these people. The justices turned down an appeal from Domino’s and let stand a 9th Circuit Court of Appeals ruling holding that the Americans With Disabilities Act protects access not just to restaurants and stores, but also to the websites and apps of those businesses. Guillermo Robles, who is blind, filed suit in Los Angeles three years ago and complained he had been unable to order a pizza online because the Domino’s website lacked the software that would allow him to communicate. He cited the ADA, which guarantees to persons with a disability “full and equal enjoyment the goods and services ... of any place of public accommodations.” Last year, however, the 9th Circuit ruled for Robles and said the law applied to its online services as well as the stores. The U.S. Chamber of Commerce and business groups who said they represented 500,000 restaurants and 300,000 businesses joined in an appeal urging the high court to review the 9th Circuit’s decision. They complained of a “tsunami of litigation” and worried that judges nationwide would see the appeals court’s decision as “imposing a nationwide website-accessibility mandate.” But without comment or dissent on Monday, the high court said it would not hear the case of Domino’s Pizza vs. Robles. This is not a formal ruling upholding the 9th Circuit decision, and the justices could agree to take up the issue later if lower courts are divided. But for now, the court’s action strongly suggests that retailers will be required to make their websites accessible. Mark Whitley, president of Eastseals Southern California, praised the high court for “supporting the values by which the ADA was built upon.” Domino’s and the National Retail Federation issued statements saying they were disappointed in the court’s refusal to hear the case.


    My Thoughts:

    While I get where the ADA complaint is coming from, I am a terribly upset that additional groundwork wasn't set forth to prevent troll lawsuits. I've read horror stories of troll ADA complaints from newspapers to reddit's legaladvice sub and it's definitely not fun. This can easily be abused with automated detection of potentially infringing websites by detecting those using old, not screen-ready friendly content (looking at you Flash), and become mass troll lawsuits easily. Regardless, hopefully some good with come with this with the removal of more user-unfriendly site content (once again, looking at you Flash)

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