Discrimination against people with disabilities is wrong and shouldn’t happen at any time, anywhere. That’s the basic premise of the American Disabilities Act (ADA) passed in 1990. But as we’ve covered in this blog on multiple occasions, some attorneys and their clients want to use the ADA as a source of income rather than a tool of justice. And one of the latest variations of this practice are blind plaintiffs and their attorneys who are now suing companies for “inaccessible” websites.
Dominos is dealing with one such matter and plans to take it all the way to the Supreme Court if necessary. The eventual result could become a landmark decision over the rights of people with disabilities and the responsibility of companies to retrofit mobile apps and websites for accessibility. According to CNBC, the number of lawsuits over inaccessible websites jumped 58 percent last year to more than 2,200.
Recently, one of Sperling Law’s clients, a franchised-based food/beverage retailer, faced a similar action. The blind claimant asserted he could not easily navigate the retailer’s site and threatened to file a lawsuit asking for the site to be made compliant along with damages and attorney’s fees added for good measure.
In its suit, Dominos says there are no clear standards as to what this “compliance” is and asking businesses to create an accessible website for individuals with disabilities is cost-prohibitive, not something they are required to do under the ADA and will spur future lawsuits. The Sperling Law client is currently working to add functionality to its site to meet the ADA compliance standards identified by this claimant and will most likely settle the matter.
Disputes like this one are everywhere. And when they negatively impact YOU and YOUR business, call on the good guy business litigator Dean Sperling who will work to resolve YOUR matter with YOUR best interests in mind!
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