Mark is correct that apps themselves are not required by the law to be
accessible.  The legal theory being advanced is that Grub Hub is a
prepared food delivery service to the public and not merely a
technology.  As a food delivery service, it cannot exclude customers
because it does not want or care to serve them.  Grub Hub could offer
another means of providing the content of the app and conducting a
prepared food delivery transaction. The other options, such as 24 hour
customer service, would be much more expensive than spending a few
days of coding to make the app VoiceOver accessible.

Kelly




On 8/22/16, Sieghard Weitzel <siegh...@live.ca> wrote:
> And what happens if the judge does dismiss it? Then I guess whoever filed
> the claim is on the hook for the legal fees unless you find a lawyer who
> will do it pro bono for the potential publicity.
>
> -----Original Message-----
> From: viphone@googlegroups.com [mailto:viphone@googlegroups.com] On Behalf
> Of Kelly Pierce
> Sent: Monday, August 22, 2016 11:47 AM
> To: viphone@googlegroups.com
> Subject: Re: Grubhub ap
>
> Some have interpreted the effective communications provision of the
> Americans with Disabilities Act to apply to online services.  Courts have
> refused to dismiss accessibility cases involving Uber and Net Flicks
> believing that plaintiffs had a likelihood in showing that the ADA applied.
> Both companies decided to settle after these rulings rather than taking the
> issue to trial and an appeal for a definitive decision.  In the United
> States Sieghard, plaintiffs who prevail in civil rights cases, including ADA
> cases, can have their attorney fees paid by the discriminating party when
> the aggrieved party prevails.
> This is how vice-Presidential candidate Tim Kaine got paid at his civil
> rights law firm as a lawyer.  The firm was paid when they won in court or
> the other party settled.  Now his net worth is estimated at
> $1.4 million.
>
> Kelly
>
>
>
> On 8/22/16, M. Taylor <mk...@ucla.edu> wrote:
>> You are absolutely correct, my friend.  There is no such law in the
>> United States.
>>
>> Mark
>>
>> -----Original Message-----
>> From: viphone@googlegroups.com [mailto:viphone@googlegroups.com] On
>> Behalf Of Sieghard Weitzel
>> Sent: Sunday, August 21, 2016 9:35 PM
>> To: viphone@googlegroups.com
>> Subject: RE: Grubhub ap
>>
>> Sorry for my ignorance, but on what basis would you take legal action?
>> I am in Canada and I understand that there are some laws regarding
>> accessibility, but I didn't think there was one that forced an app
>> developer or a company to make their app accessible if they don't want
>> to do so. Who would pay the legal bill?
>>
>> Regards,
>> Sieghard
>>
>> -----Original Message-----
>> From: viphone@googlegroups.com [mailto:viphone@googlegroups.com] On
>> Behalf Of Kelly Pierce
>> Sent: Sunday, August 21, 2016 5:04 PM
>> To: viphone@googlegroups.com
>> Subject: Re: Grubhub ap
>>
>> Is anyone else interested in taking legal action against these guys?
>> If so, let's talk.
>>
>> kelly
>>
>> On 8/21/16, Marie Lyons <mlyons...@gmail.com> wrote:
>>> I sent an email outlining the problems. You know when I did my post I
>>> had forgotten about the app crashing. I guess my connections were
>>> delayed, lol.
>>>
>>> Marie Lyons
>>>> On Aug 21, 2016, at 5:15 PM, Sieghard Weitzel <siegh...@live.ca> wrote:
>>>>
>>>> It may also be a good idea if somebody who has used the app in the
>>>> past would send a message to Rob from the Today in iOS Podcast. Rob
>>>> is very supportive of iOS users with disabilities and I'm sure he
>>>> would put this out to the very large Today in iOS community both
>>>> those who listen to his Podcast and to his Google Group which has
>>>> over 3,000 people. If he does others may pick it up and help to
>>>> pressure the company to give accessibility more priority. You can
>>>> contact Rob by sending an email to todayin...@gmail.com or call and
>>>> leave a voice mail at 206-666-6364.
>>>>
>>>> Good luck,
>>>> Sieghard
>>>>
>>>> -----Original Message-----
>>>> From: viphone@googlegroups.com [mailto:viphone@googlegroups.com] On
>>>> Behalf Of M. Taylor
>>>> Sent: Sunday, August 21, 2016 11:08 AM
>>>> To: viphone@googlegroups.com
>>>> Subject: RE: Grubhub ap
>>>>
>>>> Hello All,
>>>>
>>>> I am so sorry to learn that accessibility has fallen by the wayside
>>>> for this app.
>>>>
>>>> Contacting them via their web site or feedback page clearly is not
>>>> working.
>>>>
>>>> I strongly suggest that you post your concerns to them via social
>>>> media.
>>>> Believe me, they will not ignore you if you are thoughtful and
>>>> persistent.
>>>>
>>>>
>>>> I did a little research for you and discovered that they have quite
>>>> a large following on Twitter, about 85 thousand people including
>>>> some very big companies.
>>>>
>>>> Contact them on Twitter, Facebook, and write a review describing the
>>>> problems in the iTunes App Store.
>>>>
>>>> Okay, their Twitter handle is @Grubhub or you can go to:
>>>> http://twitter.com/grubhub
>>>>
>>>> Good Luck,
>>>>
>>>> mark
>>>>
>>>> From: viphone@googlegroups.com [mailto:viphone@googlegroups.com] On
>>>> Behalf Of Jenifer Barr
>>>> Sent: Sunday, August 21, 2016 10:48 AM
>>>> To: viphone@googlegroups.com
>>>> Subject: Re: Grubhub ap
>>>>
>>>> Hi.
>>>> I tried using this ap yesterday, and found it frustrating. The ap
>>>> kept crashing... It wouldn't let me change or edit payment info when
>>>> it finally let me check out... And even when I finally was able to
>>>> place an order (on their inaccessible website...) the ap also
>>>> crashed when I checked the order status.
>>>> This ap, and website leave a lot to be desired. Quite disappointed.
>>>> Thanks everyone for your responses.
>>>>
>>>> Jenifer Barr
>>>> Jenifer571 on dice world
>>>> Sent from my iPhone
>>>>
>>>> On Aug 20, 2016, at 7:11 PM, kelby carlson <kelbycarl...@gmail.com>
>>>> wrote:
>>>> I will confess I'm quite surprised to hear so many people call this
>>>> app accessible. I am encountering many unlabeled buttons and
>>>> extremely sluggish response times. it is also difficult to easily
>>>> navigate from restaurant to restaurant in the search results.
>>>>
>>>>
>>>>
>>>> On 8/20/16, Dave <dave.beckett...@gmail.com> wrote:
>>>>
>>>> Is this app, any use in the UK?
>>>>
>>>> Dave.
>>>>
>>>> From: 'SammieDogsMom' via VIPhone
>>>> Sent: Saturday, August 20, 2016 9:53 PM
>>>> To: viphone@googlegroups.com
>>>> Subject: Re: Grubhub ap
>>>>
>>>>
>>>> Hi! I have the GrubHub app, and it is very accessible with voiceover.
>>>> The developers want this app to be accessible, so feedback is always
>>>> welcome.
>>>>
>>>> Liz Ulrich and Leader Dog Sammie
>>>>
>>>>
>>>> Westwood Church of God Prayer Chain Coordinator
>>>>
>>>> http://www.facebook.com/elizabeth.ulrich.1
>>>> Sent from my very intelligent ParrotHead of an IPhone
>>>>
>>>> On Aug 20, 2016, at 11:25 AM, Jenifer Barr <claudas...@gmail.com>
>>>> wrote:
>>>>
>>>>
>>>> Hi.
>>>> Has anyone ever tried the grubhub ap? Is it accessible? Someone told
>>>> me about this service, but wasn't sure if it was worth looking into.
>>>> Thanks.
>>>>
>>>> Jenifer Barr
>>>> Jenifer571 on dice world
>>>> Sent from my iPhone
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