Robles v. Domino’s Pizza

Domino’s Pizza, LLC (Domino’s) (defendant) created and maintained a website and phone application that allowed customers to order food for delivery or in-store pickup. Guillermo Robles (plaintiff) was a blind Domino’s customer who used screen-reading software to access Internet content. Robles attempted multiple times to order pizza from a nearby store through the Domino’s website, but the website was not compatible with Robles’s screen-reading software. Robles filed suit in federal district court against Domino’s for violating the Americans with Disabilities Act (ADA) by failing to design and operate its website to be fully accessible for blind or visually impaired customers. Robles sought damages and an injunction forcing Domino’s to follow private industry standards for website accessibility. Domino’s moved for summary judgment, arguing that the ADA did not apply to its website or application and that applying the ADA violated the company’s due-process rights. Domino’s alternatively invoked the primary-jurisdiction doctrine, asking the court to dismiss the case until the Department of Justice (DOJ) could issue technical regulations for website-accessibility standards under the ADA. The district court granted summary judgment in favor of Domino’s, finding that because the DOJ had not issued specific technical standards, the court needed to invoke the primary-jurisdiction doctrine to avoid due-process concerns. Robles appealed to the Ninth Circuit. The court found that the ADA did apply to the Domino’s website and application because the services facilitated customers’ access to the goods of the physical stores, which were places of public accommodation. The court then addressed due process and primary jurisdiction.