When the law was enacted in 1990, it did not specifically address website accessibility for the disabled, but this has become a much-discussed topic in recent years. In 2006, Target settled a class action lawsuit alleging Target.com was inaccessible to the blind, in violation of the ADA, and in 2015 both Reebok and the NBA were hit with a class action lawsuit that alleged their websites did not accomodate the blind and visually impaired.
Yes, as of 2018 websites absolutely must be ADA compliant.  Its a new but very scary issue that has flared up over the last year and is set to cause a LOT of turmoil.  The Supreme court issued a judgement that opened up a loophole and opportunity-chasing lawyers are aggressively soliciting handicapped people and convincing them to sue unsuspecting website owners (pretty much every website owner on the planet, as not a single one of us were ADA compliant before now.)
On July 26, 2010 (on the anniversary of the Americans with Disabilities Act) President Obama stated that ADA accessibility must also apply to the Internet. With that declaration, the Justice Department was tasked with setting rules for ADA accessibility for the Internet and websites. Since that time, the Justice Department has formulated recommended rules for ADA website accessibility. Those rules will soon be refined and officially released in the near future. Until then, there is a set of guidelines currently in place (http://www.w3.org/WAI/WCAG20/quickref) for websites to become ADA accessible. Even with these guidelines in place, many hospitality businesses have not yet complied with the guidelines. Now is the time to begin the process of making your current website ADA accessible or to consider a new website design that is ADA accessible.
In a society in which business is increasingly conducted online, excluding businesses that sell services through the Internet from the ADA would ‘run afoul of the purposes of the ADA’” in that it would prevent “‘individuals with disabilities [from] fully enjoy[ing] the goods, services, privileges, and advantages, available indiscriminately to other members of the general public.
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.   
You may have installed a ramp, increased the width of your door frames, or made other accommodations to ensure that your physical premises are accessible to all. The requirement for equal access used to only apply to physical locations and storefronts, but now the government is actively ensuring that the requirements for ADA accessibility include online properties such as websites and mobile apps.
Camacho is a blind resident of Brooklyn, NY. He is currently making headline news for taking 50 colleges to court under ADA lawsuits. Camacho filed lawsuits regarding website accessibility for all 50 of the colleges. The plaintiff uses a screen-reader but experienced a barrier when trying to access information. The majority of colleges being taken to court are private, including Cornell and Vanderbilt to name a couple.
The legal issue for websites is whether website operators are operating “a place of public accommodation.” The statute lists 12 different types of public accommodations including somewhat of a catchall that includes “other sales or rental establishment.” The list, created when the law was passed in 1988, conceivably covers most commercial establishments, but does not expressly include websites.
People with disabilities that affect their sight, hearing, or mobility may have difficulty accessing certain parts of websites and other online properties unless certain accommodations are made. Just as businesses may need to make adjustments to their physical location so that disabled customers have easy access to the premises, companies may need to adjust certain aspects of their websites so individuals with disabilities can take full advantage of all the features and services.
The question of ADA’s exact wording comes down to two issues: 1) whether the ADA applies to a website at all, and 2) if ADA applies only to websites that have a physical connection to goods and services available at a physical store or location, or if it applies to all websites even if they don’t have physical spaces. Courts are split on these issues but one thing is for certain: the tide is moving toward ADA compliance for websites, and the lack of specific legal wording prohibiting web discrimination has not stopped businesses from being sued.
The ADA is the Americans with Disabilities Act, passed almost 30 years ago in 1990. This act was originally put in motion pertaining solely to physical location. It requires establishments to provide people with disabilities easy access to various levels throughout the business. This act was set to achieve an equal experience to all people, handicapped or not.
You are correct, ADA defines an “employer” as any person who is 1) engaged in an industry affecting commerce; 2) employes 15 or more full-time employees each work day; and 3) for at least 20 or more calendar weeks in the year. In the context of physical spaces, ADA would not apply to companies with fewer than 15 employees. However, courts don’t seem to have come to a consensus on what digital compliance really should look like. Because websites can be accessed anywhere in the country, small business owners might potentially face lawsuits in unfavorable jurisdictions. If you are a small business owner, I would recommend consulting with an accessibility lawyer and ask what they recommend.
The truth is, when you’re assembling like a furniture, you’re not a professional furniture builder, and therefore the quality and the output is not going to be as good. And that metaphor applies to website design. Most people are not professional digital marketers or designers or understand user personas, or how to get traffic, or any of those things. And so, not only are you using all of your time to build the website but then you’re not getting as high-quality an output as you would as if you just hired someone who did that full time.
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.
(function(){"use strict";function s(e){return"function"==typeof e||"object"==typeof e&&null!==e}function u(e){return"function"==typeof e}function l(e){X=e}function a(e){G=e}function c(){return function(){r.nextTick(d)}}function f(){var e=0,n=new ne(d),t=document.createTextNode("");return n.observe(t,{characterData:!0}),function(){t.data=e=++e%2}}function p(){var e=new MessageChannel;return e.port1.onmessage=d,function(){e.port2.postMessage(0)}}function h(){return function(){setTimeout(d,1)}}function d(){for(var e=0;et.length)&&(n=t.length),n-=e.length;var r=t.indexOf(e,n);return-1!==r&&r===n}),String.prototype.startsWith||(String.prototype.startsWith=function(e,n){return n=n||0,this.substr(n,e.length)===e}),String.prototype.trim||(String.prototype.trim=function(){return this.replace(/^[\s\uFEFF\xA0]+|[\s\uFEFF\xA0]+$/g,"")}),String.prototype.includes||(String.prototype.includes=function(e,n){"use strict";return"number"!=typeof n&&(n=0),!(n+e.length>this.length)&&-1!==this.indexOf(e,n)})},"./shared/require-global.js":function(e,n,t){e.exports=t("./shared/require-shim.js")},"./shared/require-shim.js":function(e,n,t){var r=t("./shared/errors.js"),o=(this.window,!1),i=null,s=null,u=new Promise(function(e,n){i=e,s=n}),l=function(e){if(!l.hasModule(e)){var n=new Error('Cannot find module "'+e+'"');throw n.code="MODULE_NOT_FOUND",n}return t("./"+e+".js")};l.loadChunk=function(e){return u.then(function(){return"main"==e?t.e("main").then(function(e){t("./main.js")}.bind(null,t))["catch"](t.oe):"dev"==e?Promise.all([t.e("main"),t.e("dev")]).then(function(e){t("./shared/dev.js")}.bind(null,t))["catch"](t.oe):"internal"==e?Promise.all([t.e("main"),t.e("internal"),t.e("qtext2"),t.e("dev")]).then(function(e){t("./internal.js")}.bind(null,t))["catch"](t.oe):"ads_manager"==e?Promise.all([t.e("main"),t.e("ads_manager")]).then(function(e){t("./ads_manager/main.js")}.bind(null,t))["catch"](t.oe):"publisher_dashboard"==e?t.e("publisher_dashboard").then(function(e){undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined}.bind(null,t))["catch"](t.oe):"content_widgets"==e?Promise.all([t.e("main"),t.e("content_widgets")]).then(function(e){t("./content_widgets.iframe.js")}.bind(null,t))["catch"](t.oe):void 0})},l.whenReady=function(e,n){Promise.all(window.ansWebWebpackChunks.map(function(e){return l.loadChunk(e)})).then(function(){n()})},l.installPageProperties=function(e,n){window.Q.settings=e,window.Q.gating=n,o=!0,i()},l.assertPagePropertiesInstalled=function(){o||(s(),r.logJsError("installPageProperties","The install page properties promise was rejected in require-shim."))},l.prefetchAll=function(){t("./settings.js");Promise.all([t.e("main"),t.e("qtext2")]).then(function(){}.bind(null,t))["catch"](t.oe)},l.hasModule=function(e){return!!window.NODE_JS||t.m.hasOwnProperty("./"+e+".js")},l.execAll=function(){var e=Object.keys(t.m);try{for(var n=0;n
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.
×