[NFBV-Announce] NFBV-Announce Digest, Vol 142, Issue 7

Tue Oct 8 13:48:27 UTC 2019

Subject: [blindLaw] Domino?s loses in lawsuit over website
        accessibility | athNation's Restaurant News
Message-ID:
https://www.nrn.com/news/supreme-court-hands-win-blind-man-who-sued-domino-s-over-website-accessibility?NL=NRN-01aIssue=NRN-01a_20191007_NRN-01a_857sfvc4enews=42cl=article_1_butm_rid=CPG06000000059707utm_campaign=33738utm_medium=emailelq2=a48dd89435d64bc0b51f486bee637dc2
Supreme Court hands win to blind man who sued Domino?s over website
accessibility
Court denies the petition filed by the pizza chain, upholding the
lower court ruling

Joanna Fantozzi</author/--6> | Oct 07, 2019

The Supreme Court has denied a petition from Domino?s Pizza Inc.
following a decision by the Ninth Circuit Court of Appeals that ruled
in favor of a blind
man named Guillermo Robles who sued the chain when he was unable to
order pizza off the Domino?s website or mobile app even with screen
reading technology.
The Supreme Court decision will leave the original ruling in place,
which maintained that the company must make its website and mobile app
accessible under
the 1990 Americans with Disabilities Act.

The case was originally filed in September 2016 in the Central
District of California as Robles v. Domino?s Pizza LLC. After a March
2017 decision by a
district judge initially dismissed the lawsuit stating that it ?would
violate Domino?s due process rights? because the Department of Justice
had ?failed
to provide helpful guidance,? the lawsuit went to the Ninth Circuit
Court of Appeals.

Related: Opinion: Restaurateurs, Don?t roll over
yet</operations/opinion-restaurateurs-don-t-roll-over-yet>

In a January 2019 decision<
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/01/15/17-55504.pdf>,
the Court of Appeals reversed the initial ruling in a unanimous
decision, stating that, although ADA compliance generally applies to
?places of public
accommodation,? the act never actually states that that ADA compliance
must occur ?in a place of public accommodation.?

?The panel stated that the website and app connected customers to the
goods and services of Domino?s physical restaurants,? the Ninth
Circuit decision
stated. ?To limit the ADA to discrimination in the provision of
services occurring on the premises of a public accommodation would
contradict the plain
language of the statute.?

Related: House approves ADA amendment to protect
businesses</operations/house-approves-ada-amendment-protect-businesses>

The Court of Appeals also ruled that the compliance mandate did not
violate the company?s Fourteenth Amendment rights to due process
because the company
had been given adequate time to comply and that ?the ADA articulates
comprehensible standards? to which companies have to conform in order
to be in compliance
with federal law. The court also ruled that ?lack of specific
regulations? as outlined in the ADA does not exempt Domino?s from
following the law.

Following the Ninth Circuit Court of Appeals ruling, Domino?s pled
their case with the Supreme Court. By denying their petition on
Monday, the Supreme
Court upholds the Court of Appeals decision.

In 2018, over 2,200 lawsuits have been filed over website
accessibility, a 181% increase from the year before, according to
data<
https://blog.usablenet.com/2018-ada-web-accessibility-lawsuit-recap-report>
from digital accessibility-focused technology company Usable Net, with
the food service industry being one of the top industries named in
litigation.

On 10/8/19, nfbv-announce-request at nfbnet.org
<nfbv-announce-request at nfbnet.org> wrote:
> Send NFBV-Announce mailing list submissions to
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> When replying, please edit your Subject line so it is more specific
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>
> Today's Topics:
>
>    1. Convention Bus (Sarah Patnaude)
>    2. Meet the Blind Month Activity fundraiser (Sarah Patnaude)
>    3. PWC meeting 10/15/2019 (Oscar Josue Montiel)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 7 Oct 2019 12:31:23 -0500
> From: Sarah Patnaude <patnaude.sarah at yahoo.com>
> To: Nfbv-announce at nfbnet.org
> Subject: [NFBV-Announce] Convention Bus
> Message-ID: <9A353208-776D-4645-9429-BA70215E88DA at yahoo.com>
> Content-Type: text/plain; charset="us-ascii"
>
>> From John Halverson
> President, Potomac Chapter
>
>
>> Colleagues,
>>
>> Announcing bus transportation from Northern Virginia to the 2019
>> convention hotel and return.
>>
>> NFB of Virginia conventions are exciting and offer numerous opportunities
>> for all of us to learn, network, and grow.  Do  not miss  this
>> outstanding event.
>>
>> On Thursday, October 31, we plan to  leave St. Georges Episcopal Church,
>> 915 North Oakland Street, Arlington VA 22201 at 2:00 pm.  If there is
>> demand, we  will make brief stops to pick-up passengers in Alexandria, at
>> the I95 rest stop exit 155 in Prince William County, the Fredericksburg
>> Hospitality House and in Richmond.  Specific pick-up and drop-off
>> locations will be announced soon.
>>
>> The cost is $80 round trip and $40 one-way.  We accept cash, checks or
>> credit cards.  Please make reservations before October 27.
>>
>> All sales are final.
>>
>> Note that the Amtrak fare roundtrip from Alexandria to Norfolk is $92.
>> Our fare of $80 is  a bargain and will get you directly to our  hotel.
>> You do  not have the extra cost of transferring  from the Norfolk Amtrak
>> station to the hotel.
>>
>> Please make checks payable to PCNFB.
>>
>> For further information or reservations contact  John Halverson at
>> 703-379-1141 (h), 703-867-6400 (c), or email jwh100 at outlook.com.
>>
>> This will be an exciting convention and I hope you will join us.
>>
>> John
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> Message: 2
> Date: Mon, 7 Oct 2019 12:32:41 -0500
> From: Sarah Patnaude <patnaude.sarah at yahoo.com>
> To: Nfbv-announce at nfbnet.org
> Subject: [NFBV-Announce] Meet the Blind Month Activity fundraiser
> Message-ID: <C4C67562-1D6E-4E47-B75B-EA70D7352345 at yahoo.com>
> Content-Type: text/plain; charset="utf-8"
>
> From Natasha Hubbard
>>
>>                                 MEET THE BLIND MONTH
>>
>> NFBV PENNINSULA CHAPTER PRESENTS?
>>
>>                                 SIP AND PAINT WITH THE BLIND
>>
>> DO YOU WANT TO DO SOMETHING FUN AND EXCITING?
>> Do you want to have a unique experience?
>> Do you want to sip?
>> Do you want to paint?
>> COME JOIN US ON TUESDAY OCTOBER 22,2019 FROM 6PM ? 9PM
>>
>> Location ? COZZY?S comedy club 9700 Warwick BLVD.
>>
>> COME HANG WITH US, SIP WITH US, GET BLINDFOLDED AND PAINT WITH US.
>>
>> Tickets $25 FOR more information contact NFBV PENNINSULA CHAPTER VICE
>> PRESIDENT TROY BOWSER AT 757-696-0981
>> HOPE TO ?SEE? YOU THERE
>>
>>
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> ------------------------------
>
> Message: 3
> Date: Mon, 7 Oct 2019 18:17:49 -0400
> From: Oscar Josue Montiel <oscarjmontiel37 at gmail.com>
> To: Tasha Branch <tashqlbranch at gmail.com>, Angela Haynie
> 	<haynieam at gmail.com>,	Alysha Hiller <Alysha.n.hiller at gmail.com>,
> 	Andrew Hiller <hilleras at gmail.com>
> Cc: dsalman555 at gmail.com, Ruki's Girl <nimrakhalid1980 at gmail.com>,
> 	Sandy Halverson <sjh300 at outlook.com>,	John Halverson
> 	<johnh50 at verizon.net>, 	nabs.president at gmail.com, Margaret Skinner
> 	<marg1960 at comcast.net>,	"Suzanne M. Proctor" <proctosm at pwcs.edu>,
> 	"Leslie D. Parrott" <PARROTTL at pwcs.edu>, nfbv-announce at nfbnet.org,
> 	Oscar Montiel <oscarjmontiel37 at gmail.com>
> Subject: [NFBV-Announce] PWC meeting 10/15/2019
> Message-ID: <8A9A334C-AC0A-4870-9042-084A0B033454 at gmail.com>
> Content-Type: text/plain; charset=us-ascii
>
> Greetings to all:
>
> It is almost that time again, what time am I talking about? The Prince
> William chapter meeting of coarse. Our next meeting will be held on Tuesday,
> October 15, 2019 from 7 PM to 8 PM.  where: 14700Potomac Mills Road. Come
> one come all to our next meeting that is before our state convention. Our
> topics are as follows:
>
> Finishing off elections: board positions that need to be filled our
> secretary and vice president. (Only those who pay five dollar dues and are
> interested in a board position are eligible )
> We will also be having details on our meet the blind month activity, this
> year it will be a tour of the Marine Corps Museum. Please stay tuned to any
> details regarding that trip this week, but final arrangements will be made
> at our meeting next week. Finally, we will be discussing our state
> convention.  That will be held from November 1 to November 3. A sidenote for
> all that who have not done so yet, those who are interested on attending the
> state convention must make room reservations  and register by tomorrow,
> Tuesday, October 8, 2019 at 5 PM.  I look forward to seeing you all there
> anyone is welcome!
>
> Thank you,
>
> Sincerely,
>
>
>
> Oscar Montiel Sent from my iPhone
>
>
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> ------------------------------
>
> End of NFBV-Announce Digest, Vol 142, Issue 7
> *********************************************
>

-- 
Nijat Worley
J.D.

Twitter: @nijatworley