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V O L . X X V N O. X X V I N OV E M B E R 1 1 , 2 0 1 9 20 L AW A lawsuit against Domino's Pizza over whether its website and mobile app comply with the Americans with Disabilities Act may be the highest-profile case involving commercial digital compliance, but it's not alone. And until federal law catches up with digital technology, there will likely be others, say those on the front lines. "ere have been thousands of lawsuits filed in jurisdictions across the country," says Nathaniel Bessey, an attorney with Brann & Isaacson in Lewiston. Bessey, who represents online and catalogue retailers, says more such lawsuits are coming and cites a similar suit against grocery chain Winn-Dixie winding its way through Florida courts. "Frankly, it's a risk for anyone doing business on the internet," Bessey says. "You can be a good business, you want to reach customers," but still fall short. As lawsuits like the high-profile one against Domino's Pizza are on the rise, businesses wait for federal standards on what website accessibility means. In 2018, 2,258 federal lawsuits were filed over commercial internet acces- sibility, nearly three times the 814 suits filed in 2017, according to UsableNet, a global technology firm that specializes in accessibility issues. e top industries targeted are retail, food service and travel and hospitality. Most suits use as the foundation the ADA requirement that "no indi- vidual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation." When the law was written in 1990, the internet was in its infancy, and the law doesn't reference digital presence, but also doesn't specify a business's bricks-and-mortar presence. e U.S. Supreme Court said Oct. 7 it would not hear Domino's appeal of a 9 th U.S. Circuit Court of Appeals decision that an ADA noncompliance lawsuit can be brought against the pizza chain, meaning the case will be decided in a U.S. District Court in California. Lack of clear standards In the Domino's suit, customer Guillermo Robles, who is visually impaired, said he couldn't use Domino's mobile app to order a pizza because it wasn't compatible with software that converts web text to audio. e Ninth Circuit said the website and app "facilitate access to the goods and services of a place of public accom- modation — Domino's physical restau- rants," so the ADA would apply. Domino's said in a statement after the Supreme Court announcement that it has taken steps to make its site accessible, but added, "We remain steadfast in our belief in the need for federal standards for everyone to follow in making their websites and mobile apps accessible." One reason the number of lawsuits continues to rise is the lack of clear standards, which "leaves lots of room for interpretation and allows even com- panies that have been proactive to be targeted," according to UsableNet. Greg Dugal, director of govern- ment affairs for HospitalityMaine, says businesses are not fighting ADA rules. ey just want direction. P H O T O / T I M G R E E N WAY ADA standards catch up with ecommerce With lawsuits on the rise, businesses wait for federal standards on website accessibility B y M a u r e e n M i L L i k e n F O C U S Nat Bessey, a partner at Brann & Isaacson, in the Lewiston office.

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