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Resolution: Braulio Thorne called for a permanent injunction against Rolex Watch for them to take all steps necessary for making its website fully accessible to visually impaired users. The claimant also sought for compensatory, statutory and punitive damages for violations of New York State Human Rights Law and Civil Rights Law, court costs and attorneys’ fees, all with pre- and post-judgment interest. The parties reached an ADA settlement agreement and the case was voluntarily dismissed.
This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
Inherently inaccessible websites and apps. Such complaints as the cases against NBA and Winn Dixie, and similar cases (read on for details) suggest that websites and apps that use inherently inaccessible technologies are most likely to attract litigation. It’s understandable as such websites oftentimes completely block physically impaired individuals from accessing certain parts or even the whole website.
These and other types of multimedia can present two distinct problems for people with different disabilities. People who are deaf or hard of hearing can generally see the information presented on webpages. But a deaf person or someone who is hard of hearing may not be able to hear the audio track of a video. On the other hand, persons who are blind or have low vision are frequently unable to see the video images but can hear the audio track.
Claims: The Disney sites were overloaded with video and audio content which could not be turned off by physically impaired people and drowned out screen-reading technology. Websites contained Flash content that is also inaccessible to blind persons. The claimants stated that Disney simply hadn’t addressed the needs of people who are visually impaired and failed to provide accommodations for those individuals on their web resources.
In 2001, for men of all working ages and women under 40, Current Population Survey data showed a sharp drop in the employment of disabled workers, leading at least two economists to attribute the cause to the Act. By contrast, a study in 2003 found that while the Act may have led to short term reactions by employers, in the long term, there were either positive or neutral consequences for wages and employment. In 2005 the rate of employment among disabled people increased to 45% of the population of disabled people.
The General Services Administration hosts an online course for web developers interested in accessible web design. This program was developed in conjunction with the Access Board, the Department of Justice, and the Department of Education and provides an interactive demonstration of how to build accessible web pages. This course is available at www.section508.gov, which also provides information about the Federal government’s initiative to make its electronic and information technology accessible to people with disabilities.
Most web designers offer a wide variety of services to make your website aesthetically pleasing and easy to use. Modern web design must be mobile-friendly and scalable, capable of expanding to include a blog, social media sites, and even video streaming; web designers are experts at integrating various web technologies. They can build the site, add functionality, test it, launch it on a live server, and track and maintain its performance.
Like the Domino’s Pizza case, Luc Burbon, a visually impaired individual, sued the Fox News Network because it didn’t meet WCAG 2.0 standards. According to the article cited below, the website blocked Luc from being able to receive goods and services available at Fox News’ physical locations (including live broadcasts and tapings that audience members can attend).
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Most recently, however, pizza chain Domino's has been brought under suit for their website not being accessible for specialty ordering. The U.S. Supreme Court refused to review the case, instead upholding the decision of the 9th U.S. Circuit Court of Appeals who said the “alleged inaccessibility of Domino’s website and app impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.”
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.