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Sign into your accountFailure of ADA Compliance by Restaurant Website, Says California Court of Appeals
September 26 2019
Compliance to the Americans with Disability Act (ADA) and the California Unruh Civil Rights Act received a significant boost this month when the California Court of Appeals affirmed a higher court's ruling against a restaurant (Thurston vs. Midvale Corporation).
The California Supreme Court ruled that Midvale Corporation violated the Unruh Act. The ruling found Midvale's restaurant website was not usable by a blind person with a screen reader. When the plaintiff visited the restaurant's website, their screen reader software was unable to make a reservation or read the menu.
The Court of Appeal also affirmed the higher court's injunction to force Midvale to update their website to comply with the Web Content Accessibility Guidelines (WCAG 2.0).
ADA compliance is still on our radar and continues to be a hotly debated topic in the courts. Last September, the DoJ punted back to the House of Representatives with a letter asking for clarification of ADA's applicability to websites. Until the House determines proper guidelines on this topic, we can expect the courts to make judgments based on their interpretations.
Here are a few highlights from the latest Appellate Court opinions and their relationship to real estate.