Title II applies to public transportation provided by public entities through regulations by the U.S. Department of Transportation. It includes the National Railroad Passenger Corporation (Amtrak), along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed-route services. ADA also sets minimum requirements for space layout in order to facilitate wheelchair securement on public transport.
The large number of people who have disabilities, coupled with the challenges that they face, is one of the reasons that the Americans with Disabilities Act (ADA) was passed in 1990.² As its name suggests, the ADA is designed to protect individuals with disabilities in the United States. The ADA essentially makes it illegal for any government entity or business to provide goods and services to the general public without ensuring that the entities are accessible by people with disabilities. In today’s digitally driven world, many businesses fail to follow web accessibility best practices. In fact, this is why the Supplemental Advanced Notice of Proposed Rulemaking (SANPRM) was created by the U.S. Department of Justice (DOJ). To ensure that they are implementing digital accessibility best practices, organizations are encouraged to use the WCAG 2.1 technical requirements.³
While an ADA retaliation claim does not warrant compensatory and punitive damages, lawyers are able to pursue compensation for their client’s legal fees, which may range from such amounts as $25,000 to astonishing digits. The court may also issue an injunction for the defendant to make their website accessible to people with disabilities by a specified date. In other cases, the defendant may be forced to pay a civil penalty.
In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988. The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush. It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.
The 2014 case involving Peapod, an online grocery retailer emphasizes that being ADA compliant goes beyond your website. The settlement required Peapod to make its mobile applications accessible by March 2015 and its website accessible by September 2015. Since mobile apps are fast becoming the preferred method of online shopping, e-commerce sites must focus on app accessibility too.
One of the first major ADA lawsuits, Paralyzed Veterans of America v. Ellerbe Becket Architects and Engineers (PVA 1996) was focused on the wheelchair accessibility of a stadium project that was still in the design phase, MCI Center (now known as Capital One Arena) in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case and another related case established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.
So, what do I mean by that? That sounds weird. So, when I say designer, I mean someone who's strictly an artist, and there's a lot of those out there. A lot of 'designers' are only concerned about the aesthetics of the site. What it looks like, or if its unique, or if it follows the latest website design trends. But at the end of the day they don't really 'get it' when it comes to what the primary purpose of a website is.
The results have been mixed for defendants that chose to fight these cases, with courts commonly refusing to dismiss these cases except in limited circumstances. Gil v. Winn Dixie, which went to a bench trial in June 2017, is the first ADA website accessibility case to go to trial, and the first in which a judge ordered a business to comply with a particular standard, the WCAG 2.0 guidelines. The U.S. District Court for the Southern District of Florida found that Winn Dixie’s website was a place of public accommodation because it was largely integrated with its physical store locations, and noted that the website services identified by the plaintiff in his complaint were directly related to physical stores. The court held that Winn-Dixie’s website violated the ADA because it was not sufficiently accessible to visually impaired customers, and issued injunctive relief stating that the website must conform to the criteria in WCAG 2.0, and that any third-party vendors who interact with Winn Dixie’s website must also comply with WCAG 2.0.
Until the ADA is updated to address the special case of website accessibility, or the Department of Justice releases its website accessibility regulations, complying with WCAG 2.0 Level AA is the best way to ensure that people with disabilities have equal access to your website. The overview below is a great starting point about meeting the WCAG 2.0 Level AA recommendations.
Many people with disabilities use assistive technology that enables them to use computers. Some assistive technology involves separate computer programs or devices, such as screen readers, text enlargement software, and computer programs that enable people to control the computer with their voice. Other assistive technology is built into computer operating systems. For example, basic accessibility features in computer operating systems enable some people with low vision to see computer displays by simply adjusting color schemes, contrast settings, and font sizes. Operating systems enable people with limited manual dexterity to move the mouse pointer using key strokes instead of a standard mouse. Many other types of assistive technology are available, and more are still being developed.
WCAG 2.0 AA is the standard on which most website owners are operating and is considered acceptable. As a business owner, it’s important to know which set of standards you should be meeting, but most of these standards are very technical. Therefore, we recommend working with a web firm that specializes in ADA website compliance and is familiar with WCAG 2.0.
Courts have come to different conclusions regarding whether Title III’s coverage is limited to physical spaces and whether a company’s website requires a nexus to a physical location to be subject to Title III’s protections. This uncertainty and lack of clarity regarding Title III’s scope is problematic for businesses that want to comply with Title III’s requirements, but do not necessarily want to foot the hefty bill for updating their websites consistent with the “gold standard” stated in the Web Content Accessibility Guidelines (“WCAG”) established by the World Wide Web Consortium (“W3C”) with the state of the law in flux.
A professional web designer creates the look and feel of your website, collaborating with you to choose colors, creating logos and other branding materials, establishing page layouts, and creating sample pages. An important part of web design is making sure the site is functional, meets your goals, and is easy for users to navigate. When you’re looking to hire a web designer, start by reviewing the person’s portfolio. Look for samples of work that match what you envision for your website, including experience building the types of pages or features you want. Make sure the web designer is familiar with your industry and understands both industry trends and web design trends — an old-fashioned or out-of-touch site will turn customers away rather than intrigue them.
According to the DOJ, “Being unable to access websites puts individuals with disabilities at a great disadvantage in today’s society.” With these words in mind, the DOJ has rapidly adopted the role of web accessibility enforcer. A failure to make digital content, including websites, accessible to all individuals regardless of their emotional, physical, or mental disabilities, can result in hefty fines and class action lawsuits. In short, the DOJ is dedicated to making sure that individuals with disabilities have the same equal access to the benefits that are available online. Creating equal access is only possible if organizations a) understand the requirements of web accessibility, b) know that web accessibility is an obligation under the ADA, and c) make web accessibility a priority. The value that awaits when organizations adhere to digital accessibility laws can be measured in more than dollars and cents.
This is the reason why I think web design firms have to position themselves as solution providers and not just web guys/gals. A client doesn't need a website, they need sales. The website is just part of that solution but it's not the solution and unlike web design, service like email marketing automation, SEO, and PPC requires an experienced professional.
The number of New York federal website accessibility lawsuits is staggering, brought primarily by fifteen law firms/lawyers. The lawyers appearing most frequently on filings are Joseph Mizrahi, Jonathan Shalom, Doug Lipsky, C.K. Lee, Bradley Marks, and Jeffrey Gottlieb. We saw a surge in these cases after New York federal judges allowed website accessibility cases to proceed to discovery in lawsuits against Blick Art and Five Guys. The 2018 New York website accessibility filing statistic brought New York into a close second to California in the total number of ADA Title III lawsuits (not just website accessibility cases) filed in federal court.