Papa John’s, Domino’s Hit with ADA Class Action Lawsuits

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A New York resident has filed separate proposed class action lawsuits against Domino’s Pizza and Papa John’s Pizza alleging that the websites maintained by the companies discriminate against visually impaired customers.

Plaintiff Jose Del-Orden filed the complaints seeking “to put an end to systemic civil rights violations…against the blind in New York State and across the United States.”

Del-Orden claims that the pizza companies are “denying blind individuals throughout the United States equal access to the goods and services” that the companies provide to non-disabled customers.

According to the claims, the websites are set up in such a way that customers who are visually impaired or blind cannot complete any transactions on the websites. Assistive computer technology that is readily available to allow individuals with visual impairments fully participate in Internet commerce does not function on the two pizza websites, Del-Orden claims.

“Despite readily available accessible technology, such as the technology in use at other heavily trafficked retail websites, which makes use of alternative text, accessible forms, descriptive links, resizable text and limits the usage of tables and javascript, Defendant has chosen to rely on an exclusively visual interface, including pop-up forms that are inaccessible,” the complaints reads.

The complaints go on to state that the websites contain a purely visual interface that make the websites inaccessible to consumers with visual impairments. While sighted patrons can independently use the websites to browse and make purchases, “blind people must rely on sighted companions to assist them in accessing and buying food” on the pizza websites.

Del-Orden says he attempted to make a purchase on both the Domino’s and Papa John’s websites but was unable to do so using his computer keyboard along with screen-reading software that allows his computer to read the contents of the screen to him.

According to the plaintiff, well-established guidelines exist to help businesses make their websites accessible to individuals with impaired vision. He states the guidelines have been successfully followed by other large businesses that have allowed their websites to be accessible, and the guidelines appear on the Internet so that business website designers can easily access them.

Del-Orden states that simple changes can make websites accessible to persons with visual impairments such as “adding invisible alt-text to graphics; ensuring that all functions can be performed using a keyboard and not just a mouse; ensuring that image maps are accessible, and adding headings so that blind people can easily navigate the site.”

The lawsuits bring forth multiple counts against the pizza companies including violation of the Americans with Disabilities Act, violations of New York State Human Rights Law, N.Y. Exec. Law, and violation of New York City Human Rights Law.

In each respective lawsuit, the plaintiff seeks to represent a nationwide Class and a New York subclass for blind individuals who have tried to access the pizza company’s website but have been denied access during the relevant statutory period.

Both proposed class action lawsuits are seeking “declaratory and injunctive relief to correct [Papa Johns/Domino’s] policies and practices to include measures necessary to ensure compliance with federal and state law and to include monitoring of such measures, to update and remove accessibility barriers on [pizza companies’ websites] so that Plaintiff and the proposed Class of customers who are blind will be able to independently and privately use [Defendants’ websites].”

In addition, the complaints are also seeking to compensate patrons with visual impairments who were allegedly subjected to the unlawful discrimination, according to the claims.

Del-Orden is represented by C.K. Lee, Anne Seelig and Lynn Hsieh of Lee Litigation Group, PLLC.

The Domino’s Pizza ADA Class Action Lawsuit is Del-Orden v. Domino’s Pizza LLC, Case No. 1:16-cv-03281, in the U.S. District Court for the Southern District of New York.

The Papa John’s Pizza ADA Class Action Lawsuit is Del-Orden v. Papa John’s USA Inc., Case No. 1:16-cv-03283, in the U.S. District Court for the Southern District of New York.