Robles v. Domino's Pizza, LLC, No. 17-55504 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed the district court's dismissal of plaintiff's action alleging that Domino's Pizza's website and mobile application were not fully accessible to a blind or visually impaired person, in violation of Title III of the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.
The panel held that the ADA applied to Domino's website and app, a place of public accommodation, which connected customers to the goods and services of Domino's physical restaurants. The panel also held that imposing liability on Domino's under the ADA would not violate the company's Fourth Amendment right to due process where the statute was not impermissibly vague, Domino's had received fair notice of compliance, and plaintiff did not seek to impose liability on Domino's for failure to comply with the Web Content Accessibility Guidelines 2.0, private industry standards for website accessibility. Furthermore, the lack of specific regulations did not eliminate Domino's statutory duty. Finally, the panel held that the district court erred by applying the prudential doctrine of primary jurisdiction and the district court's ruling unduly delayed the resolution of an issue that could be decided by the court.