Federal Court Issues Ruling Favorable to Targets of ADA Shakedown Lawsuits
April 3, 2017
The Federal District Court in the Central District of California issued a ruling dismissing a lawsuit against Domino’s Pizza, LLC for alleged violations of the American With Disabilities Act related to its website and mobile application. The basis of the ruling is that to hold the retailer liable would violate its due process rights because the U.S. Department of Justice, which is responsible for enforcing the ADA, has failed to establish clear accessibility standards for the visually impaired for businesses to follow. The court, invoking the “primary jurisdiction doctrine,” said dismissal was appropriate until the DOJ formally adopts guidance. Nevertheless, plaintiff’s counsel intends to file an appeal and he is joined by other plaintiffs’ counsels in assuring that their efforts to enforce the ADA will continue.
See CBA’s Regulatory Compliance Bulletin for more information.