On October 2, 2019, the Supreme Court declined to review a 9th Circuit decision in a website accessibility lawsuit, Robles v. Domino’s. The 9th Circuit decision had reversed a grant of summary judgment and held that ADA Title III did potentially require that services of a place of public accommodations offered through websites and mobile apps, such as ordering pizza for delivery, be accessible, and remanded the case. Domino’s, supported by many major business groups, asked the Supreme Court to take the case and to provide direction on the application of the ADA to websites and other digital platforms. Many major news outlets are reporting this as a major victory for disability rights. That is overstated. There was no opinion, only a denial of a cert. petition. The 9th Circuit decision stands (for now) and lower courts will continue to struggle with these issues, as they have for years. The publicity may do more to increase litigation than the decision. The Supreme Court will eventually need to weigh in on this issue, but not now. Read a full analysis of this decision, here.
