[NFBF-L] FW: Court hands victory to blind man who suedDomino'sover Web site accessibility

Diana1 dianaoliveira58 at gmail.com
Fri Oct 11 02:51:37 UTC 2019


Hello All,

Well put Lauren. Thank you.
I believe we must have our rights and accomodations respected anywhere, not only online, but in physical spaces.
This evening I had an incident at Macy’s, at Dadeland Mall. I went to the Apple Store to get a particular accessory for my devices and decided to go have my eyebrows done. The place is right by Nostrom, in the opposite side of the mall. To get there I had to cross Macy’s, which, here in Miami Dadeland Mall, goes from one side to the other of the mall. That means we have to go through Macy’s on a corridor that, day by day is narrower and full of kiosks and promotional stands.
My cane hit the base of the first promotional stand but there was a “board’ like something sticking out of the base of the stanbd. Guess what? I went head on onto it and my glasses broke and I was totally lost.
Without my glasses I cannot see. There was a lot of traffic in that corridor, both ways. But nobody could help me find my glasses and the bronken leg of them. I had to go down on my kness and find them myself. 
I then called for the general manager for the store. She came over with another woman, perhaps a sub-manager. I explained to her what had happened. She asked me if I was hurt, bleeding, had some injury. I said No, because I had not noticed a bump on my eyebrow, where the frame hit and broke. She told me she could not file an accident report because I was not physically hurt. Tthat was the policy of the store. She was sorry, she understood, but nothing she could do about it.
I didn’t know what to do. Told her that was not the first time I had trouble navigating on Macy’s at Dadeland. So much stuff they have in that corridor makes navigation very difficult for visually impaired like me. They don’t care.
So, I called my Chapter president and he instructed me what to do. I have pictures of the stand, my broken glasses and my bruise.
Will contact corporate of Macy’s tomorrow and go from there.
I told the manager, all these marketing materials should not be there in a traffic area. She said, maybe they will craw a line around them so people can follow it. 
That’s not enough. Most stores have no room for us to move around. It’s becoming unbearable to shop or simply cross through a store without bumping on something. 
I have other friends who whop at Dadeland. None of us should be having to go through this at all! And if depends on me, I’ll make sure Macy’s toes the line! So, no one will have an accident as mine ever again. We have the right to shop on our ownl. We are the National Federation of the Blind and we strive for independence.

Diana Oliveira
Secretary – NFBF -Miami-Dade Chapter
(305)988-2716
Dianaoliveira58 at gmail.com

Sent from Mail for Windows 10

From: JD Townsend via NFBF-L
Sent: Thursday, October 10, 2019 9:25 PM
To: NFB of Florida Internet Mailing List; jdking09 at earthlink.net
Cc: JD Townsend
Subject: Re: [NFBF-L] FW: Court hands victory to blind man who suedDomino'sover Web site accessibility

Hello Lauren:

Well put.  Thank you.

JD

                                Sent from Mail for Windows 10                  

From: Lauren Bishop via NFBF-L
Sent: Wednesday, October 9, 2019 11:06 PM
To: jdking09 at earthlink.net; NFB of Florida Internet Mailing List
Cc: Lauren Bishop
Subject: Re: [NFBF-L] FW: Court hands victory to blind man who sued Domino'sover Web site accessibility

Hi all,
At first glance, this court case appears trivial. When I first heard that someone was suing Dominos because they could not order a pizza online, I wondered why he couldnt just call them. Then, I looked at the big picture, and realized that if Dominos got their way there would be serious  consequences for blind people  and the greater disability community as a whole. The reality is, the Internet is a crucial part in our daily lives, and no matter what technology we have, we need to be able to use the Internet, and advocate for accessible technology.  
The internet is not something blind people can simply opt out of using. As days go by, it gets increasingly more difficult to get in touch with a live person when we need to take care of business with a company. Also consider applications such as Instacart, which allows people to order groceries and other items for delivery. For me, this service has made a huge difference in my life. I enjoy having convenient access to product ingredients and cooking instructions. Also delivery is convenient when you do not have access to transportation. 
As Society ships to a digital economy, and the gig economy grows to include more businesses that we as blind people can participate in, it is crucial that we are able to access electronic businesses. Unfortunately, we are going to have to collaborate with businesses and assisted technology makers, and even raise our voices in order for us to have access. This is very similar to what people had to do when the Americans with disabilities act and other related legislation was being brought into law.
Lauren 

Sent from my iPhone

> On Oct 9, 2019, at 10:10 AM, Joanne King via NFBF-L <nfbf-l at nfbnet.org> wrote:
> 
> This is what I dislike about the NFB.  You don't have to sue people for
> special adaption just because you are blind.  I have been blind for about 70
> years and never had a problem for special favors.   If a web site is not
> user friendly go to another or use your voice and call.  People are nice if
> you give them a chance.
> We are the minority.  The sighted world doesn't have to change for us, we
> have to change for the sighted world with accessories, which has gone a long
> way.  That's what the fight should be.
> 
> -----Original Message-----
> From: NFBF-L [mailto:nfbf-l-bounces at nfbnet.org] On Behalf of Kaye Baker via
> NFBF-L
> Sent: Wednesday, October 09, 2019 9:13 AM
> To: 'NFB of Florida Internet Mailing List'
> Cc: Kaye Baker
> Subject: [NFBF-L] FW: Court hands victory to blind man who sued Domino's
> over Web site accessibility
> 
> 
> 
> -----Original Message-----
> From: Alan <adicey415 at gmail.com> 
> Sent: Wednesday, October 9, 2019 1:12 AM
> To: Undisclosed-Recipient:;
> Subject: Court hands victory to blind man who sued Domino's over Web site
> accessibility
> 
> I am so happy about this.
> So much more would have been riding on it if the Supreme Court had taken it
> on.
> 
> October 8, 2019,  ,
> From: Kelly Gasque via announce
> Sent: Monday, October 07, 2019 10:29 AM
> To: leadership at acblists.org ; announce at acblists.org
> 
> Subject: [announce] Article: Supreme Court hands victory to blind man who
> sued Domino's over Web site accessibility
> 
> Supreme Court hands victory to blind man who sued Domino's over site
> accessibility
> 
> Article Link:
> https://www.cnbc.com/2019/10/07/dominos-supreme-court.html
> 
> a.. The Supreme Court denied a petition from pizza giant Domino's on Monday
> to hear whether its website is required to be accessible to the disabled,
> leaving in place a lower court decision against the company.
> b.. The case was originally brought by a blind man named Guillermo Robles,
> who sued the pizza chain after he was unable to order food on Domino's
> website and mobile app despite using screen-reading software.
> c.. The decision not to grant the case is a loss for the company and a win
> for disability advocates, who have argued that, if businesses do not have to
> maintain accessible sites, disabled people could be effectively shut out of
> substantial portions of the economy.
> The Supreme Court denied a petition from pizza giant Domino's on Monday to
> hear whether its website is required to be accessible to the disabled,
> leaving in place a lower court decision against the company.
> 
> The decision not to grant the case is a loss for the company and a win for
> disability advocates, who have argued that, if businesses do not have to
> maintain accessible sites, disabled people could be effectively shut out of
> substantial portions of the economy.
> 
> The decision from the justices was announced in an order.
> 
> The case was originally brought by a blind man named Guillermo Robles, who
> sued the pizza chain after he was unable to order food on Domino's website
> and mobile app despite using screen-reading software.
> 
> Attorneys for Robles argued in court papers that the Americans with
> Disabilities Act requires businesses with physical locations to make their
> websites and other online platforms accessible to those with disabilities.
> 
> A panel of the U.S. 9th Circuit Court of Appeals sided with Robles, writing
> that the "inaccessibility of Domino's website and app impedes access to the
> goods and services of its physical pizza franchises-which are places of
> public accommodation."
> 
> Domino's urged the Supreme Court to review the decision. By declining to do
> so, the court's decision on Monday will leave the ruling in place.
> 
> Attorneys for Domino's, backed by a range of business groups, argued that
> the ADA does not apply to online platforms that were not envisioned when the
> law was passed in 1990. And, they said, no clear rules exist for how to make
> their platforms properly accessible.
> 
> The lawsuit is one of an increasing number filed over website accessibility
> in recent years. Last year, more than 2,200 such suits were filed in federal
> courts, according to the accessible technology firm UsableNet, nearly
> tripling the number a year before.
> 
> The case is known as Domino's Pizza v. Guillermo Robles, No. 18-1539.
> 
> With best regards.
> God Bless.
> Alan
> Plantation, Sunny South Florida 
> 
> 
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