Well, that's good. I'm amazed. I do have to admit that I stopped reading the
Braille Monitor years ago. I used to read it dutifully in braille, when it
arrived each month. At some point, maybe around 2010, I began losing interest.
It appears in my inbox and I just delete it. I think I just stopped feeling any
real connection with ACB.
Miriam
-----Original Message-----
From: blind-democracy-bounce@xxxxxxxxxxxxx On Behalf Of Carl Jarvis
Sent: Friday, November 15, 2019 10:13 AM
To: General discussion list for ACB members and friends where a wide range of
topics from blindness to politics, issues of the day or whatever comes to mind
are welcome. This is a free form discussion list. <acb-chat@xxxxxxxxxxxx>
Cc: blind-democracy <blind-democracy@xxxxxxxxxxxxx>
Subject: [blind-democracy] From the November Braille Monitor
Frankly, I much prefer pizza from Papa Murphy's.
Carl Jarvis
United States Supreme Court Denies Petition from Domino’s Pizza
by Chris Danielsen
From the Editor: Chris Danielsen is our energetic director of public relations,
and he writes this short follow-up to the article in the October issue entitled
“Accessibility and Accountability: Drive-by Lawsuits Leave Pothole-size
Problems.” In that piece Chris mentioned the request by Domino’s Pizza that the
Supreme Court declare that the Americans with Disabilities Act did not apply to
the internet. Here is his recounting of what just
happened:
In last month’s Braille Monitor, we mentioned a petition pending before the
United States Supreme Court brought by Domino’s Pizza.
Domino’s had filed what
is legally known as a petition for certiorari, or “cert petition,”
which is a legal document asking the Supreme Court to review a lower court’s
ruling.
Each year the Supreme Court hears a select group of cases drawn from such
petitions. Domino’s wanted the Supreme Court to overrule a decision by the
Federal Court of Appeals for the Ninth Judicial Circuit, based in California.
That ruling had affirmed the right of a blind man, Guillermo Robles, to sue the
company under the Americans with Disabilities Act (ADA) because he couldn’t use
its website to order a pizza. Domino’s argued that the Supreme Court should put
an end to such lawsuits by ruling that the ADA does not apply to websites, or,
if the court wasn’t willing to go that far, to at least rule that it was unfair
to allow such lawsuits in the absence of federal regulations setting
accessibility standards. So far, the United States Department of Justice, which
enforces the ADA, has declined to issue such regulations. Obviously, any ruling
along the lines Domino’s wanted would have made it much harder, or perhaps
impossible, for the National Federation of the Blind and others to bring ADA
claims regarding inaccessible websites.
The Monitor went to press before Monday, October 7, the “first Monday in
October” that begins each Supreme Court term. Thus, it was unclear at the time
whether the Supreme Court would take the case. On that exact first Monday, the
Supreme Court issued an order denying the petition. This means that the ninth
circuit’s ruling stands and that Mr. Robles’ case will go forward. More
importantly, it means that for now the ability to bring website claims under
the ADA remains intact.