Absence of DOJ Regulations Does Not Bar Liability for Failure to Comply with the ADA
In the face of an ever-growing number of lawsuits based upon
allegedly non-ADA compliant website designs, defendants have enjoyed little
success obtaining dismissal at the pleadings stage of proceedings. One
lingering glimmer of hope had been the viability of a due process argument
premised upon the “primary jurisdiction” defense, which formed the basis of
Judge Otero’s decision dismissing the plaintiff’s complaint in Robles v. Domino’s Pizza, LLC. In short,
the defendant argued that the plaintiff’s action must be either stayed or
dismissed because the…
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