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.
They actively encourage customers to order online, pick up in person and do carry out. Most locations have minimal seating and minimal staff. Some don't even bother to have bathrooms for their customers.
Their business model actively tries to reduce the amount of overhead for the business by promoting online ordering and carryout service. So, no, ordering by phone isn't the same thing by any stretch of the imagination.
(Especially new requirements for which customers are financially incentivised to file suits, and for it's trivially simple to code up automated scanning to find businesses you can target.)
I've been in situations where I had privilege and I've been in situations where I couldn't get adequate accommodation for my handicap. Having privilege usually beats the tar out of having handicap accommodation.
If there are any genuinely blind people managing to supposedly "game the system" in the manner you describe, more power to them. Because trying to play it straight and do the right thing and earn my way and blah blah blah mostly seems to get me absolutely crapped all over.
At least in California, any business with eat-in food services is required (by law) to provide restrooms. If a Domino's franchise does not offer eat-in service, it's entirely reasonable (and legal) they don't have public restrooms.
But I've done a fair amount of traveling and Domino's seems to position themselves as basically a carryout window. You can call and you can order in person, but most locations seem to do the vast majority of their business via the online ordering system.
They print off labels, slap them on the appropriate boxes and begin making the food. Some locations do a brisk business while only having one or two employees on site, plus one or more delivery drivers.
The employees sometimes clearly find it to be a hardship to take orders by phone or in person. It interrupts their workflow and they are frequently very busy just trying to fill orders coming in off the website.
If they argue that the website doesn't need to be accessible because blind people can call, that's what all their online only coupons are.