Posts Tagged ‘web accessibility’

ADA and disabled rights roundup

Disabled rights roundup

Supreme Court should use Domino’s ADA case to clarify law on web accessibility

Multiple free-market and business groups “agree on one thing… With plaintiffs’ lawyers filing thousands of lawsuits a year against businesses with allegedly inaccessible internet operations, it’s time for the U.S. Supreme Court to clarify whether and to what extent the ADA applies to online commerce. The groups all filed amicus briefs [last] Monday, asking the justices to grant a petition for review of a ruling from the 9th U.S. Circuit Court of Appeals that allowed a blind Domino’s Pizza customer to sue over the company’s website.” [Alison Frankel, Reuters; Ilya Shapiro and Sam Spiegelman, Cato; Karen Kidd, Legal NewsLine] The circuits are split, with the First, Second, and Seventh interpreting the ADA to require accessibility for web-based services, while the Third, Sixth and Eleventh say it relates to brick-and-mortar enterprise or is satisfied by the provision of at least one accessible way of obtaining service. The Ninth Circuit came out somewhere in between in its ruling against Domino’s. Frankel:

DOJ comes in for considerable flak in Cato’s amicus brief, which described the executive branch’s contortions over ADA website accessibility. As the Cato brief pointed out, DOJ “nearly parodied its confused positions” when it argued in two different amicus briefs that Netflix’s video-streaming service was a public accommodation that should be fully accessible to deaf customers – but that MIT’s online video streaming service was not. “This split-hair legal distinction can have substantial real-life costs on the ground and in the courthouse,” Cato said.

Regulated businesses have been calling for years for a clarification of the confused judicial state of ADA internet law. [John D. McMickle, WLF] Last year, six Senators and 103 members of the House of Representatives sent letters urging the Department of Justice to issue clarifying guidelines as to whether the ADA covers websites, though it might be pointed out that Congress itself holds the power to draft and send to the President legislation to accomplish exactly such clarification. [Kristina Launey, Seyfarth Shaw]

Domino’s seeks Supreme Court review of web accessibility ruling

For years now regulated parties (which means much of the country) have been waiting urgently for an answer to the question of whether and to what extent the Americans with Disabilities Act requires websites to be made accessible to blind, deaf, and other disabled users. (Coverage of this issue here dates back two decades.) Now the Supreme Court will be asked to review a much-watched case against Domino’s Pizza (earlier) which resulted in a plaintiff’s win before the Ninth Circuit. Four other appeals court rulings have addressed the issue. Will this be the case that finally reaches the high court?

[Frank Cruz-Alvarez and Talia Zucker, Washington Legal Foundation Kristina Launey and Minh Vu/Seyfarth Shaw, January and March posts; J. Gregory Grisham, Federalist Society; Nicole Porter where SCOTUS may be headed on disability issues]

“New York Lawmakers Plan To Address Website Accessibility”

“A Committee in the New York State Senate aims to develop a legal standard for the accessibility of business websites under New York law, in response to the exponential increase in website accessibility litigation in the state. Whether state legislation could stem this tide, or instead make matters worse for businesses, remains to be seen.” [John W. Egan and Minh N. Vu, Seyfarth Shaw; Dan M. Clark, New York Law Journal] On the surge in web accessibility suits, which nearly tripled in 2018 from the previous year, see Seyfarth’s reports here and here from January, and Usable.net here and here.

Web accessibility suits hit art galleries

More than 75 New York City art galleries “have been hit with lawsuits alleging they are violating the Americans With Disabilities Act (ADA) because their websites are not equally accessible to blind and visually impaired consumers. Art galleries are the latest business sector to be targeted with a wave of such lawsuits. Thousands of other businesses, including hotels, resorts, universities, and restaurants have been served with similar complaints last year.” Deshawn Dawson, a legally blind person living in Brooklyn, has filed at least 37 of the suits; he along with another frequent filer are often represented by attorneys Joseph Mizrahi and Jeffrey Gottlieb. Art and design schools around the country have also been hit, and some New York galleries have settled claims rather than take the risks of litigation and a possible adverse verdict [Eileen Kinsella, Artnet News, first, second, third pieces]

ADA: two gleams on a dark horizon

Ohio has passed a bill giving targets of ADA accessibility complaints a chance to fix the issue before becoming liable for attorneys’ fees, and a California state judge has ruled that the state’s jackpot Unruh Act does not cover website accessibility claims. Those are two bits of favorable news amid a lot of continued bad news, I argue in a new Cato post.

Related: Domino’s argues before a Ninth Circuit panel in a web accessibility case [Kristina Launey, Seyfarth Shaw]:

Domino’s argued, as a possible explanation for DOJ’s inaction: “there is no such thing as an accessible website, and there never will be.” He cited the plaintiff’s expert’s statement in Winn-Dixie, also cited by the Eleventh Circuit judges in that oral argument, that the expert had never seen a website that complies with the Web Content Accessibility Guidelines (WCAG). To illustrate the difficulty businesses face in applying the guidelines, Domino’s posited how detailed the alt-text behind a picture of a basketball needs to be to conform to the guidelines – if it has LeBron James’s autograph on it, for example, does the alt-text need to go to that level of detail, or can it just say “basketball.” He thinks the regulatory effort was stymied because the DOJ couldn’t “wrap its head around” this.

More: Mark Pulliam at City Journal on a serial plaintiff’s suit against the entertainer’s website Beyonce.com.

December 19 roundup

The oft-recurring phrase

“…render the website unintelligible and prevent navigation and use.” So many similar ADA claims with the same lawyer involved [Court Listener via Tim Cushing]

In related news, a blind woman who sued Brooklyn Brewery over its allegedly inaccessible website has sued at least 24 other defendants as well. [Colin Mixson, Brooklyn Paper; our coverage of web accessibility and of ADA filing mills]