Supreme Court Declines to Review 9th Circuit Decision Applying ADA to Websites and Mobile Apps

The U.S. Supreme Court declined to review a Ninth Circuit decision holding that the Americans with Disabilities Act (ADA) applies to a company’s website and mobile app which allow ordering of the company’s products.

In January 2019, the Ninth Circuit held that a blind person could bring suit against a national pizza chain where many aspects of the company’s website and mobile app were not accessible or usable through web access software used by the visually-impaired.  The court found that the company’s website and mobile app—which allowed online ordering—constituted places of public accommodation under the ADA, notwithstanding the fact that the plaintiff had other ways to order from the company, such as at the company’s brick-and-mortar stores or by phone.  While the DOJ (which enforces the ADA) has not yet published regulations on what is required to make websites ADA-complaint, the Ninth Circuit found that the company’s online offerings must effectively communicate with its disabled customers and facilitate full and equal enjoyment of the company’s goods and services.  WBK previously wrote about the Ninth Circuit’s decision here.

The Supreme Court’s decision not to review the case is not the same thing as a decision on the merits.  Thus, while the underlying decision remains binding on courts within the Ninth Circuit, it will not bind courts within other circuits, and the Supreme Court could eventually revisit the matter later in an appropriate case, such as if other courts of appeals issue conflicting decisions.