Supreme Court refuses to hear NRF’s disability legislation claim “without comment”


The Supreme Court has refused to hear a case brought by the US National Retail Federation (NRF) regarding retail website accessibility for disabled shoppers.

The NRF and Retail Litigation Centre filed a brief with the Supreme Court in July arguing that a ruling which classified a retailer’s website as a “public accommodation” (the same as a physical store) under the American Disabilities Act (ADA) went “too far”.

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It referred to a case in which the 9th circuit court determined that Domino’s Pizza violated the ADA because a customer encountered barriers to ordering online, despite its product being accessible through all other platforms including in-store, by phone and even social media.

It brief asked the court to establish a nationwide standard for evaluating website accessibility claims under the ADA legislation, however the court refused to hear it without comment.

“With a growing number of website accessibility cases being filed and conflicting rulings from circuit courts across the country, this is an issue that needs the clarity of a Supreme Court ruling,” NRF Senior Vice President and General Counsel Stephanie Martz said.

“Without guidance on what rules should apply, litigation will continue to divert resources from actually making websites accessible.”

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