The first ADA Web Accessibility ruling of 2019 could prove to be a defining moment for web and app accessibility.
The Ninth Circuit Court of Appeals ruled Tuesday that Domino’s website and mobile app, used to order food for pickup and delivery, is covered by the Americans with Disabilities Act (ADA).
This ruling in this case is significant for three reasons:
Desktop and Mobile: The Domino’s ruling covers accessibility of its mobile application as well as Domino’s website.
Precedent: This decision clears the way for more federal filings. Other companies should take notice.
Defense: Court opinion dismissed the absence of explicit DOJ regulations as a defense.
“While we understand why Domino’s wants DOJ to issue specific guidelines for website and app accessibility, the Constitution only requires that Domino’s receive fair notice of its legal duties, not a blueprint for compliance with its statutory obligations," Court documents said.
In short, the best defense against being in violation of the ADA is to immediately make efforts to make your website and mobile app accessible for customers of all abilities.
Based on 2018 trends, accessibility is on track to match security as a top concern for companies. A similar case is pending in the 11th Circuit with supermarket chain Winn-Dixie. The 11th Circuit heard oral arguments in October, but it has not yet issued a ruling.