Supreme Court Denies Review of ADA Website Accessibility Lawsuit, Highlighting Litigation Risks to Website and App Operators

The Computer & Internet Lawyer
January 2020

Houston Partner Hanna Norvell co-authored an article for The Computer & Internet Lawyer examining the U.S. Supreme Court’s decision to deny a petition to review the U.S. Court of Appeals for the Ninth Circuit’s decision in Robles v. Domino’s Pizza. The authors note that as a result, businesses subject to the Americans with Disabilities Act (ADA) remain vulnerable to lawsuits asserting their websites or apps are inaccessible to individuals with disabilities by not meeting the standards of the voluntary WCAG 2.0. or 2.1. However, according to the authors, such businesses do not yet have a definitive answer as to what level of accessibility is required, WCAG standards or otherwise.

Norvell writes: “Although the DOJ and courts emphasize flexibility and the WCAG standards have not been adopted into law, many lawsuits allege only compliance with the WCAG standards will satisfy any applicable ADA obligations. Indeed, the district court in Robles will now have to determine whether compliance with WCAG 2.0 is an appropriate equitable remedy in that case. Going forward, unless and until legislative or regulatory changes are made, businesses covered by Title III of the ADA will continue to struggle with determining the appropriate level of accessibility for their website and apps. The uncertainty will continue to fuel litigation, even where businesses have made significant attempts to improve their online accessibility.”

To read the full article, click here.