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The Supreme Court yesterday decided against hearing an appeal from Domino's Pizza, leaving in place the U.S. Court of Appeals for the Ninth Circuit's ruling that Americans with Disabilities Act (ADA) requirements are applicable to websites and mobile applications.

In its original Domino's decision, the Ninth Circuit did not address credit union-specific issues related to field of membership, but did determine that:

• ADA liability does not violate the 14th Amendment;
• Domino's had received fair notice that its website and app must comply with ADA; and
• while private industry standards could be an equitable remedy, the trial court will have to determine if the website is compliant.

While NAFCU and its members strongly support the protections of the ADA, it believes that these efforts are best achieved through clear guidance and standards for website compliance, not through meritless and costly lawsuits. The Domino's case is the latest in a series of court decisions which offered differing opinions on whether – and to what degree – websites must be ADA accessible.  With the Supreme Court’s decision to not hear this appeal, the split among courts regarding the applicability of the ADA to websites continues.

Earlier this year, NAFCU Vice President of Regulatory Compliance Brandy Bruyere explained some of the implications of the lawsuit against Domino's, including the appeals court's decision.

The association has engaged with the Department Of Justice (DOJ) and Congress to provide guidance. During a NAFCU-secured listening session with the DOJ in March, credit unions provided direct feedback on the issue and reiterated the need for guidance.

NAFCU will continue to monitor ADA litigation and how these recent court decisions could impact outstanding lawsuits. The association will also work with the Department of Justice (DOJ) and Congress to obtain clarity for credit unions.