If your website is not already ADA compliant, you are automatically missing out on millions of potential customers who cannot access your site due to their disabilities. In fact, there are nearly 50 million people with disabilities in the U.S., which means about 19 percent of this country has a disability. Many of them might be interested in your products or services, but once they arrive at your website, they won't be able to navigate easily enough to buy anything or even contact you, all because your website is only accessible to people without disabilities. Thus, they may move on to your competitors.
The consequences for ignoring ADA guidelines for your website and online reservation system can be costly. In California, each instance of non-compliance is punishable by minimum damages of $4,000, plus legal fees. Class action lawsuits can multiply the damages dramatically. Most states have multiple disability laws, so it only makes sense that your website meets ADA compliance immediately.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.

I have a membership website teaching martial arts. It is accessible only to people who pay a monthly membership fee. I recently had a gentleman in Malta ask if I could make more than 850 videos on the site accessible to him (he is visually impaired). That is an impossible task for a one-man business. If I understand this article correctly, my site is not required to be accessible?


The gray area is a matter of scale and purpose. If you have a small business which serves as specific market it's a good idea to make the site as user and disability friendly as possible. If, however, your market serves segments with a likeliness to have various handicaps or disabilities you should address that with an ADA Compliance review of the site. Also consider the scale and purpose of an organization. Publicly traded large businesses need to concern themselves more than a single location family owned retailer and if someone sues your flower shop because the text was too small or didn't have "image alt tags" causing them distress... That's pretty frivolous and would likely not stand.
Please check the laws applying to the size of your company. This means number of employees. If you expect to hire persons with disabilities and/or have customers who may be disabled then I recommend that you provide a ramp opening in your sidewalk for easier access for wheelchairs. Bathrooms should include a larger area for a person with a disability and bars placed strategically for ease of movement on and off the toilet. Paper towels should be within reach. Please have someone research this in case I missed something. Having an employee who is attentive to opening the door is always a goo...
HTML tags – specific instructions understood by a web browser or screen reader. One type of HTML tag, called an “alt” tag (short for “alternative text”), is used to provide brief text descriptions of images that screen readers can understand and speak. Another type of HTML tag, called a “longdesc” tag (short for “long description”), is used to provide long text descriptions that can be spoken by screen readers.
Ensure that in-house staff and contractors responsible for webpage and content development are properly trained. Distribute the Department of Justice technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities” to these in-house staff and contractors on an annual basis as a reminder. This technical assistance document is available on the ADA Home Page at www.ada.gov.
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.
ADA website compliance is about making sure that everyone has equal access to all the elements on your website and apps. That may mean you need to provide alternatives for some of the functions and content on your site in order to meet ADA website compliance standards. Here’s a quick rundown of some of the accommodations that need to be incorporated into your website to meet the ADA guidelines:
I own a medical practice in California with 5 employees. Since I have under 15 employees am I exempt from needing to have my website comply with the ADA? I know that my physical practice is exempt from ADA policies regarding employment (under 15) but I don’t know if that extends to websites. My website is not an important part of my practice and I don’t really want to sink any funds into it if I don’t need to.
There are several phases to go through to make a website ADA accessible. First, it is important to have your existing website evaluated for ADA accessibility. Have this evaluation done by a company that specializes in ADA compliance for lodging properties. Most existing websites will not pass a detailed ADA evaluation. Depending on the results of your professional ADA inspection, you will either have to make necessary changes to your existing website, or have it redesigned to meet ADA accessibility guidelines. 

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.
ADA website compliance is about making sure that everyone has equal access to all the elements on your website and apps. That may mean you need to provide alternatives for some of the functions and content on your site in order to meet ADA website compliance standards. Here’s a quick rundown of some of the accommodations that need to be incorporated into your website to meet the ADA guidelines:
Additionally, in February 2018, Congress passed the ADA Education and Reform Act, a bill designed to make it harder for disabled Americans to sue businesses for discrimination. Republican lawmakers who wrote and passed the bill argue that the law will help curb “frivolous” lawsuits, while opponents have argued that this law will gut the ADA, essentially giving businesses little reason to follow the ADA guidelines at all.
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Do all websites have to be ADA compliant? Technically, the Americans with Disabilities Act (ADA) Title III, which concerns public businesses, does not specifically address websites. Local and state government websites must be accessible under Title II of the ADA and Section 508 of the Rehabilitation Act. However, ADA civil suits have been brought against businesses with inaccessible websites, and courts have ordered some businesses to make their websites accessible.
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Leading web developers have been pioneering accessibility and publishing standards since 1994. In 1999, the Web Accessibility Initiative (WAI) and the World Wide Web Consortium (W3C) created the Web Content Accessibility Guidelines (WCAG). In essence, the people who determine how the internet is written came together to advise web developers on how to make websites accessible not only to people with disabilities, but to all web users, including those with highly limited devices.
Your website is often the first thing your customers see when they’re searching for a business or service on the web. As the face of your organization, your website needs to be attractive and functional, offering the latest features that users now expect. To plan and design a site that both reflects your company’s mission and values and appeals to customers takes a professional web designer. While free online services can help people set up websites, web designers can provide a unique solution made specifically to meet customers’ personal or business needs.
Many people with disabilities use assistive technology that enables them to use computers. Some assistive technology involves separate computer programs or devices, such as screen readers, text enlargement software, and computer programs that enable people to control the computer with their voice. Other assistive technology is built into computer operating systems. For example, basic accessibility features in computer operating systems enable some people with low vision to see computer displays by simply adjusting color schemes, contrast settings, and font sizes. Operating systems enable people with limited manual dexterity to move the mouse pointer using key strokes instead of a standard mouse. Many other types of assistive technology are available, and more are still being developed.
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.”

Currently, the law is a little bit murky when it comes to ADA compliance on a website. Courts have been interpreting ADA in various ways when it comes to website compliance. Some courts have stated that any US business must have an ADA-compliant website. Some courts have said that the website must have a “nexus” to a physical location which must be ADA compliant before their website must also be compliant. This is why Facebook was able to dismiss a 2011 ADA case in California, but Home Depot was no...
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.  
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