This week in accessibility: Robles v. Domino’s

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This week in Accessibility: Robles v. Domino’s

What happened?

The appeals court decided the exact opposite, holding that the lack of specific regulations from the Department of Justice did not eliminate Domino’s duty under the ADA to make its technology accessible.

The Takeaways in Robles v. Domino’s

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Headline saying “it’s a win for web accessibility as courts can now order companies to make their sites WCAG 2.0 compliant”

You gotta love the fact that the above headline and its corresponding article were completely inaccessible right? Not to mention factually wrong. Here are my thoughts on what you can take away from this case. Of course, this is not legal advice.

The lower court ruling was an aberration

It’s only the 9th circuit

The order from the court of appeals is very limited

There IS a legal standard — it is Equal Access

However, despite the lack of a bright line test, we do have the language of the ADA itself, which requires equal access. If an organization wants to try and prove that they are providing equal access to their customers and potential customers with disabilities who may be using assistive technology through a mechanism OTHER than WCAG 2.0 Level AA they are more than able to do so. I just don’t recommend that as a good approach.

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Cartoon ostrich sticking it’s head through an iPad on the ground.


Written by

Blogger, disability advocate, nerd. Bringing the fire on ableism. A11y Architect @ VMware. Wheelchair user w/ a deaf daughter. CS, Law, and Business background

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