Does the ADA really apply and enforced at all publicly available businesses? Does every Chinese restaurant in Chinatown have a Braille menu? If we really start enforcing this, only larger businesses will survive.
Restaurants don’t need a Braille menu to accommodate blind customers, a sighted employee can walk them through the ordering process. With websites that’s not always an option, which is legally and morally an issue.
Domino's has a phone number, and every capability the company offers over the web it offers over the phone. In fact, since this business in particular was built on telephone-based ordering, the the phone option is actually the first-class experience, with the web offering only a fraction of the options otherwise available.
So at least in this case, ordering pizza over the phone instead of web is precisely as suitable a substitute as speaking to a waiter instead of reading your Chinese menu in braille.
The plaintiff will argue that regardless of the fact that no business services are actually unavailable, it is the website itself that is being denied. And falling back to a compatible communication medium is inherently unsuitable regardless of whether the fallback is sufficiently functional.
And if that's the case, then it's functionally equivalent to say that failing to provide accessible menus in a restaurant, and falling back to having the menu spoken aloud, is a denial of rights.
I'm not going to say whether it's right or wrong, but it is certainly different than how the law had been interpreted in the past.