On the first day of the October Term 2019, the U.S. Supreme Court denied a Domino’s Pizza petition asking it resolve a split among the federal circuits over whether websites are “places of public accommodation” under the Americans with Disabilities Act (ADA). Even though the statute predates the Internet and contemplates only physical structures when prescribing private entities’ duties, the Ninth Circuit held that Domino’s failure to make its website “accessible” to a visually-impaired Californian violated the ADA.

Commentators have rightly predicted that the Domino’s cert denial will further incentivize the filing of ADA suits against business websites, an area of litigation already fraught with dubious claims. That unfortunate outcome means we’ll probably see more suits like those brought by Miami attorney Scott R. Dinin. As described in an August 23, 2019 federal sanctions order, Dinin, along with his hearing-impaired client, Alexander Johnson, hatched a scheme “to dishonestly line their pockets with attorney’s fees from hapless defendants under the sanctimonious guise of serving the interests of the disabled community.”