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The Americans with Disabilities Act (ADA) is intended to “prohibit discrimination and guarantee that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services.” Title III of the ADA requires public accommodation businesses (restaurants, movie theaters, professional offices, hotels, etc.,) to provide accommodations to people with disabilities so they can have the same level of access to goods and services as everyone else. This includes access to our digital world, including websites and mobile apps.
In October of 2019, the United States Supreme Court denied Domino’s petition for certiorari, leaving in place the Ninth Circuit Court of Appeals decision against the pizza giant which held that the ADA applied to Domino’s website and mobile application as a public accommodation business. In addition, the Ninth Circuit found that imposing liability against Domino’s under the ADA did not violate their due process rights and Domino’s had received fair notice that its website and mobile application must be ADA compliant. After the denial of Domino’s petition for certiorari, the filing rate of ADA website lawsuits increased to over 50 per week. Retail, Restaurants and Travel are some of the hardest-hit industries.
Please join Ronald J. Hedges of Dentons US LLP and Stacey L. Turmel of The Internet is for Everyone, LLC as they address the following questions:
- What is the Domino’s effect on American business?
- Who is at risk in ADA website compliance litigation?
- What legal defenses are available, if any?
- What steps can your company or organization take to mitigate this litigation?
Join this Briefing for an introduction to these and related topics.