On July 15, 2019, WLF filed an amicus curiae brief urging the U.S. Supreme Court to review, and ultimately overturn, a Ninth Circuit decision that essentially rewrites the Americans with Disabilities Act of 1990 (ADA). The case arises from a suit by Guillermo Robles, a blind resident of California, who brought a suit seeking to extend the scope of ADA liability to Domino’s Pizza—not for its brick-and-mortar restaurant, but for its Internet website and mobile app. The Ninth Circuit allowed that suit to go forward, deciding that the ADA’s accessibility mandate extends to cyberspace. That holding conflicts with at least three other federal appeals courts. In its brief urging Supreme Court review, WLF argues that the Ninth Circuit’s decision amounts to an impermissible rewrite of the ADA. Under our constitutional system, only Congress—not courts or federal agencies—may amend federal law. WLF contends that the Supreme Court’s review is crucial to ensure that courts do not fill any statutory void in the ADA with judge-made legislation.

Documents:

July 15, 2019 brief