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This morning, October 12, in sunny Pasadena, California, the
Ninth Circuit Court of Appeals heard oral argument in the
Robles v. Dominos case. The main issue on appeal was
whether the district court erred in applying the doctrines of
primary jurisdiction and due process as the basis for granting
Domino's motion to dismiss Robles's claims that Dominos
violated Title III of the Americans with Disabilities Act due to an
inaccessible website. The parties and judges had a lively 30-minute
discussion, after which the Court took the matter under
submission.
In addition to the main issue on appeal, the parties, amicus
counsel, and the judges discussed whether the ADA applies to
websites in the first place, whether the website is a
communication or a service, alternatives to an
accessible website such as telephone, whether this is an effective
communication case or not, and why the prior and current
Administrations' DOJ haven't issued regulations.
Next week we'll discuss our impressions and implications of
this hearing. Have a great weekend everyone.
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