On October 7, 2019, the U.S. Supreme Court declined to review a Ninth Circuit decision that essentially rewrote the Americans with Disabilities Act of 1990 (ADA). The decision was a setback for WLF, which filed an amicus curiae brief urging Supreme Court review. The case arose from a suit seeking to extend the scope of ADA liability to Domino’s Pizza—not for its brick-and-mortar restaurant, but for its Internet website and mobile app. The Ninth Circuit allowed that suit to go forward, deciding that the ADA’s accessibility mandate extends to cyberspace. In its brief, WLF argued that the Ninth Circuit’s decision amounted to an impermissible rewrite of the ADA. WLF maintains that Supreme Court review of this issue is crucial to ensure that courts do not fill any statutory void in the ADA with judge-made legislation.
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