Further complicating the issue, the U.S. recently appeared to be on the verge of adopting more comprehensive accessibility requirements. Federal regulations slated to go into effect in January 2018 would have held federal websites to the standards of WCAG 2.0 Level AA, the set of guidelines that provide the basis for online accessibility rules for most of Europe and many other nations around the world. The current administration, however, has withdrawn this requirement as part of a general push toward deregulation, leaving the online applications of the ADA as murky as ever.
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.
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It’s well-known that the Americans With Disabilities Act (ADA) requires brick-and-mortar businesses be accessible to all patrons. This includes considerations like wheelchair accessibility and Braille or large print for blind and low-vision patrons, among other things. The ADA references “public accommodations,” and outlines 12 categories that essentially covers all types of public-facing businesses. However, the legislation does not address public-facing websites.
Title III of the ADA requires that every owner, lessor, or operator of a “place of public accommodation” provide equal access to users who meet ADA standards for disability. With roughly 1.66 billion people around the world making online purchases in 2017, one might reasonably presume that this concept extends to websites, but from a legal standpoint, there is a surprising amount of grey area.
Webpage designers often have aesthetic preferences and may want everyone to see their webpages in exactly the same color, size and layout. But because of their disability, many people with low vision do not see webpages the same as other people. Some see only small portions of a computer display at one time. Others cannot see text or images that are too small. Still others can only see website content if it appears in specific colors. For these reasons, many people with low vision use specific color and font settings when they access the Internet – settings that are often very different from those most people use. For example, many people with low vision need to use high contrast settings, such as bold white or yellow letters on a black background. Others need just the opposite – bold black text on a white or yellow background. And, many must use softer, more subtle color combinations.
The ADA guidelines are often updated so that businesses can better understand how various disabilities can affect the way that people will interact with websites and digital content. The guidelines also explain why certain barriers can prevent disabled individuals from using or even accessing a website. With these goals in mind, it is important to note that organizations need to review the guidelines on a yearly basis. New technologies, such as Artificial Intelligence10, are being used to help people with disabilities get the most out of the digital world. If organizations fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.
Develop a plan for making your existing web content accessible. Describe your plan on an accessible webpage, and encourage input on how accessibility can be improved. Let visitors to your website know about the standards or guidelines that you are using to make your website accessible. When setting timeframes for accessibility modifications to your website, make more popular webpages a priority.
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.”