Due Process and Primary Jurisdiction Doctrine: A Threat to Accessibility Research and Practice?

Abstract

The Web Content Accessibility Guidelines (WCAG) is the most well-documented, well-accepted, set of interface guidelines on the planet, based on empirical research and a participatory process of stakeholder input. A recent case in a U.S. Federal District Court, Robles v. Dominos Pizza LLC, involved a blind individual requesting that Dominos Pizza make their web site and mobile app accessible for people with disabilities, utilizing the WCAG. The court ruled that, due to the legal concepts of due process and primary jurisdiction doctrine, the plaintiff loses the case simply for asking for the WCAG. This court ruling minimizes the importance of evidence-based accessibility research and guidelines, and this poster will provide a background of the case, describe preliminary analysis of related cases, and discuss implications for accessibility researchers.