Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the record is much more developed.
No court has yet decided whether a public accommodation can comply with Title III of the ADA’s equal access mandate by providing telephonic access to the information and services on a website blind people cannot use with a screenreader. However, last week federal Judge Philip Gutierrez of the Central District of California recognized it as a possibility, while allowing a website accessibility lawsuit against Dave & Buster’s to move forward to discovery.
In Gorecki v. Dave & Buster’s, Dave & Buster’s filed a motion to dismiss and for summary judgment at the outset of the case, arguing that it had complied with the law by providing telephonic access to the information and services on its website. Specifically, it had placed an “accessibilit..