This was the most expensive pizza in history. And he didn’t even get a slice.
Domino’s Pizza was sued by a blind man because he was unable to order a pizza from their app or website.
The final straw was what happened next.
He called them to order by phone. And was placed on hold for over 45 minutes. Not once, but both times he called.
A lawsuit was filed accusing Domino’s Pizza of violating the Americans with Disabilities Act (ADA).
Domino’s wasn’t about to back down. They fought it. For six years. All the way to the Supreme Court.
We cover this case in depth in my course where we analyze their arguments (some of which were pretty valid). But they ultimately were no match for the ADA and they lost.
But first, some background.
The Domino’s Pizza Lawsuit: An Overview
It all started in 2016 when a blind man from California named Guillermo Robles tried to order a pizza from Domino’s Pizza. He was unable to because neither their website or app would work with his screen reader. A screen reader is a tool that converts text into speech or braille, which is how someone who is blind or visually impaired can use the internet.
Without a screen reader, the internet is pretty much inaccessible to someone who can’t see. Which means that for a business, having the ability for your website to work with a screen reader is incredibly important, as not doing so potentially eliminates thousands (or even millions) of people from being able to access your content or buy your products.
In the case of Mr. Robles, the inaccessibility of Domino’s Pizza website and app prevented him from ordering pizza and taking advantage of online-only deals. This meant that when he accused Domino’s of violating the Americans with Disabilities Act (ADA), he already had a strong case.
This is the point I want every business to know: if a disabled person is prevented from accessing your content or buying your product only because of their disability, you can legally be accused of discriminating against them.
The Legal Journey
The case initially took place in the U.S. District Court for the Central District of California. Domino’s first argument was that the ADA did not explicitly cover digital accessibility. This was true then. The ADA was enacted in 1990, and with the emergence of the internet and how fast it has evolved, the law was unable to keep up until recently (more on that later). At the time the lawsuit was filed, Domino’s did indeed have a valid argument because if the ADA did not specifically state that businesses websites and apps were included, then how could they have known that they were required to code their digital platforms to be accessible to people that couldn’t see, hear, or move?
This argument won for them, and the district course dismissed the case, stating that the ADA only applied to physical locations and not to digital ones.
It wasn’t over though.
Robles appealed the decision, and in 2019, three years after the lawsuit was filed, the Ninth District Court of Appeals ruled in his favor. The appellate court concluded that the ADA does indeed apply to the websites and mobile apps of businesses with physical locations, as these digital platforms serve as a critical means for customers to access goods and services.
Domino’s then petitioned the Supreme Court to review the case, but in October 2019, the Supreme Court declined to hear the appeal, effectively upholding the Ninth Circuit’s ruling.
This was a significant victory for Robles, but the legal battle didn’t end there. Following the Supreme Court’s refusal, the case was sent back to the district court for further proceedings. Domino’s continued to fight the allegations, and had more valid arguments.
The case finally ended in June 2022, six years after it began. During this time, Domino’s had begun to make efforts to improve the accessibility of its digital platforms. In a settlement agreement, Domino’s committed to ensuring that their website and mobile app would be accessible to individuals with disabilities by complying with the Web Content Accessibility Guidelines (WCAG). WCAG is the standard that the court will order you to use to make your website and app accessible.
Implications for Businesses
The Domino’s case set a significant precedent, emphasizing that the ADA’s mandate for accessibility applies to digital spaces too. This has broad implications for businesses, and as we’ve seen in cases since, extends to businesses that are online-only. The court’s ruling highlights the necessity for websites and apps to be accessible to all users, including those with disabilities.
The Domino’s case has inspired numerous lawsuits against companies with inaccessible websites. This has led to many settlements and mandates for compliance. That is what businesses that are sued for violating the ADA can expect the likely outcome to be: a settlement and a mandate for compliance.
This kind of case can financially devastate a small business. There are several factors to consider in a web accessibility lawsuit.
Fines
The U.S. Department of Justice enforces the ADA. The fines for violating that are hefty. $75,000 for the first violation and $150,000 for subsequent violations.
Legal Fees
The financial burden of litigation is not to be underestimated here, as you will need to hire a law firm that has expertise in two things: the Americans with Disabilities Act and web accessibility. All that just to be forced to settle. This is not likely a case a business can win, unless, of course, the lawsuit was frivolous to begin with. But if a disabled person was prevented from accessing your content or buying your product or service on the basis of their disability alone, then prepare to spend a lot of money just to be told that your digital spaces have to be accessible to disabled persons.
Fixing Existing Platforms
Businesses that face web accessibility lawsuits are ordered to make their websites and apps accessible, which means that they are at the mercy of complying with this court order within a specific time frame. This can quickly get very expensive when your options are limited and you don’t have a lot of time. When you don’t have the stress of a court order, you can approach accessibility in a way that suits your business, and I’ll talk about what that looks like.
The ADA Has Been Updated
In April 2024, the U.S. Department of Justice (DOJ) updated the Americans with Disabilities Act that now gives public entities a deadline to make their apps and websites accessible. That deadline is less than two years away if they are in a city with 50,000 people or more. For cities smaller than that, the deadline is three years away. That’s not a lot of time for entities that do not know about web accessibility or how to comply with it!
What This Means For You
Case in point: this kind of lawsuit can absolutely happen to any business that has an inaccessible app or website, especially if a financial transaction can occur. The ability to pay or donate should be available to ALL users, including those who can’t see.
By prioritizing accessibility now, you can avoid the pitfalls that Domino’s encountered. Here are some key steps to consider:
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Adopt Web Content Accessibility Guidelines (WCAG):
These are international standards recognized by the United Nations, the International Organization for Standardization, and the official recommendation of the U.S. Department of Justice. No matter where you are in the world, complying with WCAG is how you make your website accessible. At POURPIS, we are experts on WCAG and can help simplify them for you so you understand what they mean and how to comply with them.
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Regular Audits and Testing:
This has to be done because web accessibility is not a one-and-done deal. Every time you make an update or add new content, it has to be accessible. If you’re using third-party products for your website, then you especially have to test to ensure that what you’re using is accessible. Our Accessibility Audit identifies the most common violations that often lead to legal issues for businesses, and shows you exactly where your site stands. This will give you a realistic analysis of the current landscape of your website.
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Training and Awareness:
Your entire web development team has to know about this. Once they understand WCAG and know how to implement audits and testing, accessibility will be a key component moving forward in how things are built and the processes that are in place to ensure accessibility. We will train your team if you want to keep this in house.
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Consult Accessibility Experts:
You don’t know what you don’t know. We approach web accessibility from multiple facets so you understand exactly what this means for your business. We teach you the laws you need to know that apply to your business’s website and app, and how to comply with them. We tackle the technical requirements by teaching you how to do it or doing it for you (or a combination of the two).
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Ongoing Maintenance:
Think of your website like a house. If it is repaired, does that mean it never needs work again? No. Your website is your digital house. It will need maintenance, especially as it pertains to web accessibility. But we’ll teach you how to do it or take care of it for you.
Case Study
This landmark case is one of the case studies in the Legal module in our course. We analyze their arguments (they really did have some good ones), but we also look at how the court countered those arguments, and why, in the end, they lost. We learn about the two laws that were used to go after them. We look at the article from Robles lawyers that they released when it was all over. Because of the significance of this case, it is included in our case studies.
Conclusion
The Domino’s Pizza web accessibility lawsuit made history, and many thousands of similar lawsuits have been filed since. Not just against corporations and celebrities, but against many small businesses, non-profits, and online-only businesses. Because the ADA applies to businesses, they must recognize that it is their responsibility to make their online platforms accessible to everyone. Ignoring this is a risk not worth taking. In addition, there are many benefits to complying with the law, including avoiding lawsuits and increasing your market share.
Need help figuring this out for your website? Contact us and we’ll slice out your accessibility violations.
