THIRD-PARTY APPLICATIONS NOT ADA-COMPLIANT ON YOUR WEBSITE
By Catherine M. Corfee, Esq * Corfee Stone Law Corp.
916-812-7322
Serving Northern and Southern California
Restaurants with websites that use third-party applications, like DoorDash and/or Toast, may be sleeping dogs regarding ADA compliance for the disabled, hearing, and visually impaired. The Americans with Disabilities Act (“ADA”) does NOT cover websites. The California Courts and the Ninth Circuit Court of Appeals, however, have created a loophole – if your website has information useful to going to your brick-and-mortar restaurant, then the ADA applies to your website. Companies operating online without a building are not covered by the ADA as of yet.
The ADA only covers “places of public accommodation,” i.e., a building. Congress and the Department of Justice have not expanded the law to apply to websites. In fact, there are no regulations governing websites for private entities. There are ADA standards applicable to government entities. Those standards are called the “Web Content Accessibility Guidelines” (WCAG). The California Courts and the Ninth Circuit have followed the WCAG to apply to private entities. Some of the requirements include proper screen reader functionality, having alt text for images, providing proper navigation on an app and the website
There are website plug-ins to purchase to make your website ADA complaint to render it compatible with screen reader software of the hearing and/or visually impaired. The problem concerns third-party software like “Toast” that you may use for orders and deliveries. You need to be certain that Toast is ADA compliant and/or you will be liable. This could also include DoorDash. The law will impose liability on you for selecting a non-compliant third-party application.
Toast is a point-of-sale software. Many restaurants use it. There was a time when it was not ADA-compliant. A Google search shows that Toast may have been or has worked on the issue. See toastpdx.com where they state that Toast has chosen the level AA of WCAG and will monitor their site. If you purchased Toast a while back, you may want to look into a newer version and/or contact them.
Some Google articles suggest that DoorDash is not fully ADA compliant but they are aware of such and are working on it. Some lawsuits have been filed against DoorDash. Doordash.com’s website states that it is aware of the issue and strives to make its website and online services accessible to everyone.
The problem is that many plaintiff’s attorneys search out these issues just to sue and make money. In California, a plaintiff must intend to use the goods and services at the physical location. Many disabled plaintiffs are litigious and have hundreds of lawsuits filed. The website cases are blowing up due to the vulnerability of restaurant owners and those who use third-party applications.
For legal advise and or representation, please contact Ms. Catherine M. Corfee at 916-812-7322 or email at- [email protected]. Nothing herein can be relied on expressly or impliedly as legal advise.