So, without a clear set of accessibility regulations to comply with, how can you tell if your website is compliant? The best measure available is the aforementioned WCAG 2.0 Level AA guidelines. WCAG standards have been the guiding accessibility principle in the European Union and other countries since 1999, with the most recent update taking effect in Spring of 2018. While WCAG is a set of recommended actions rather than enforceable legislation, it forms the backbone of many online accessibility laws around the world and offers a strong model for any American organization striving to provide equal access for all users.
Any business that is considered a “place of public accommodation” is required to provide equal access to services under the nondiscrimination requirements of Title III of ADA. When you look at the guidelines closely, this includes hotels, entertainment venues, legal and accounting firms, retail stores, and virtually every business that is not a private club, including businesses that exist solely on the web.
Before you even begin designing your website, you should consider how you will use it to your advantage upon completion. Some owners make an event out of the launch of their website to create some buzz about their brand. Others line up their best customers to give testimonials on their new site via copy or video content so they, and these customers, have something to say and share on social media.
Technology is changing, and many website designers are using creative and innovative ways to present web-based materials. These changes may involve new and different access problems and solutions for people with disabilities. This Chapter discusses just a few of the most common ways in which websites can pose barriers to access for people with disabilities. By using the resources listed at the end of this Chapter, you can learn to identify and address other barriers.
It makes sense that everyone should have equal access to websites and online properties. The Internet has become an integral part of our lives, where we go to shop, learn, do our banking, and socialize. The DOJ hasn’t determined what the final set of regulations for ADA compliant websites will be yet, but there are established guidelines and standards of accessibility that can be viewed on the ADA website. Once a website meets these accessibility standards it qualifies as ADA compliant.
Your site would need to have a text only option, with all functionality accessible through a keyboard for visitors with mobility issues. Once you make these and other changes to meet ADA guidelines, your site would need to be tested by a website development company familiar with ADA compliance issues to be sure that visitors who use assistive technology such as screen readers are able to access your web content fully.
Yes, in time non-ADA compliant websites will be penalized in the search engines. It's already on their radar. But for now they are still negatively affected, just in an indirect way. Live traffic behavior (user experience) is now factored into Google's algorithm and is a ranking signal. Negative user interactions absolutely have negative affects on rankings.
Web designers often design in such a way that does not allow the user to adjust font size or color. While they may be protecting their brand, they are also inhibiting some users. Many visually impaired need to use high contrast color settings or very large fonts to read a website. Don't design your website in a way that makes it impossible for them to do this.
Gray Reed & McGraw is a Texas-based, full-service law firm with over 120 lawyers in Dallas and Houston. Since 1985, our firm philosophy has been to provide high-quality legal services in a streamlined manner, to provide sophisticated and complex legal advice that is reasonably priced, and to provide big-firm results with small-firm efficiency. For 30 years, we have dedicated ourselves to achieving success for our clients, as they define success – whether that is winning a critical lawsuit, closing a key deal, consulting to save taxes, or just giving good business advice to avoid disputes.
If your hotel used responsive web design when creating your online marketing strategies, you’re already meeting many of the ADA compliant regulations for hotel websites. You will still need to make some changes, but you definitely have a head start. Making the changes now, before your business is the target of a lawsuit or government action, makes good business sense.
UPDATE: Since writing this post in August 2017, several important changes have taken place in the laws regarding ADA compliance for websites. On December 26, 2017, the Department of Justice announced that they have withdrawn the Obama-era Advance Notice of Proposed Rulemaking mentioned in this article which intended to require ADA website compliance. The DOJ’s withdrawal announcement stated, “The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.”
While the impact of the Americans with Disabilities Act on online accessibility is likely to remain vague for the foreseeable future, there is no question that equal access is a major concern for users across America, and for the courts that serve those users. In lieu of a clear set of national guidelines, abiding by WCAG accessibility standards remains the best option for most organizations. It’s not just a smart way to avoid accessibility lawsuits and negative publicity—providing accessible solutions for all users is just the right thing to do.
...the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of "public accommodation" by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.
While legal considerations might be your biggest worry, making your site more accessible is simply good customer service. More than 39 million Americans are blind and another 246 million have "low vision," Another one million are deaf in the U.S. Add to that people with mobility issues that prevent them from using their hands and that's a huge portion of the country's buying power.
I should mention one caveat to all of this. Businesses that are required to comply but don't have the ability to bring their websites into compliance can provide an accessible alternative to provide the same information, goods, and services that they provide online, like a staffed phone line. The trick, however, is that this option has to provide at least equal access, including in terms of hours of operation. And, as we know, the internet is around 24/7, so good luck with that.
Many web developers have already realized this too and are exploiting business owners for $3k-$20k to make their sites compliant because they have no choice. So we came up with an extremely low-cost solution so everyone can remove themselves from risk, have compliant websites, and immediately. My website iFuzeMarketing.com is compliant. Visit it, press the handicap widget at the top, and play with its simple functions. We can custom build and install one for anyone's website that's reading this. It will deliver all the same functions, and we'll code it into your site for you so you don't have to worry about this risk any longer. Everybody needs this. Feel free to contact me for details if interested.