The landscape of disabled access litigation related to online services has significantly changed and expanded over the past decade. Initially, the internet was an area of little concern as courts uniformly held that the ADA applied to "brick and mortar" facilities, not to cyberspace. This has changed and online accessibility is presently, and will continue to be, an area of significant investigation and litigation.
Accessible design benefits all users and creates market opportunity, Reha said. She continued: “Access to information online is everywhere, so it’s easy to take for granted that it’s available to everyone, but it’s not. Such access is incredibly important for people with disabilities because it lets them become independent and improves their quality of life.”
Imagine struggling to do something as simple as navigating and reading a website, when you’re suffering from Glaucoma, Cataracts, Macular degeneration, Retinal disorders, Refractive errors, Optic nerve disorders, and other eye issues. Reading the text in order to gain knowledge and information, would be tiring at the least. Your website doesn’t need to be like that, in fact, your website can be a pleasant experience where the visually impaired can easily zoom in and out on every page or, the text to speech feature will convert to the audible voice that you are listening to right now.
Every year numerous lawsuits are taken against businesses that fail to follow the ADA’s proposed requirements for web accessibility. This failure occurs because organizations, including state and local government entities, fail to read the ADA Best Practices Tool Kit.8 They also do not follow the most up to date version of the WCAG.9 These two failures are not only detrimental to people with disabilities who want to effectively browse the web, but they are also inexcusable in today’s digitally driven world.
The menu is fully keyboard accessible and contrast levels for text are kept well above the 4.5:1. This theme passes WCAG 2.0 AA standards out-of-box. On wordpress.org, Period is given the “accessibility-ready” tag. This is basically a reminder to users that while all design elements in Period pass accessibility standards, it’s up to the user to make sure their content is accessible too in order for their site to maintain its accessibility.
The situation has now emboldened many people. She is dealing with tons of demand letters going out across the country. Businesses have been caught off guard because they thought they had time to deal with this and become compliant, and now the Justice Dept. basically says they have to be compliant now. As soon as they deal with one plaintiff, another comes along.
The ADA statute identifies who is a person with a disability, who has obligations under the ADA, general non-discrimination requirements and other basic obligations. It delegates fleshing out those obligations to federal agencies. The agencies issue regulations and design standards. The regulations have the details on the rights of people with disabilities and responsibilities of employers, state and local governments, transportation providers, businesses and non-profit organizations. The design standards specify how many entrances need to be accessible, how many toilet rooms and the design for those elements. To know what the ADA requires, you need to read the law, regulations and design standards.
Talk to your web designer about other techniques that will make your site more user-friendly for people with disabilities. Worried that’s not in your budget? Consider the fact that DOJ fines start at $75,000. And it's still yet to be determined if a non-compliant website is liable for one fine or will be charge per page for each violation. As the recent lawsuits illustrate, though, settlements quickly add up into the millions.
President George H.W. Bush signed the Americans with Disabilities Act into law July 26, 1990. The ADA prohibits discrimination of people with disabilities and guarantees the same opportunities as everyone else. These opportunities include employment possibilities, purchasing of goods and services and the ability to participate in State and local government programs.