Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation, including restaurants, movie theaters, schools, day care and recreational facilities, and doctors’ offices. All public places, as well as privately owned commercial facilities, are required to comply with ADA standards.
I am passionate and dedicated designer tackling complex problems and finding creative solutions. I use language & content strategy to make design solutions that are intuitive, trusted, and easy to use. I put the users of my solution at the center of every decision I take. I have 5+ years of commercial projects experience at Ukrainian IT companies and 4 years at Upwork freelancer platform (projects with small budgets). Now I live in NYC area.
!function(n){function e(e){for(var t,r,i=e[0],a=e[1],u=0,c=[];u1&&arguments[1]!==undefined?arguments[1]:"",t=window,r=Date.now();if(n=e+n,t.ansFrontendGlobals&&t.ansFrontendGlobals.settings&&t.ansFrontendGlobals.settings.gates&&t.ansFrontendGlobals.settings.gates.react_console_log_perf_info){var i=t.performance&&t.performance.now?t.performance.now():r;console.log("".concat(n,": ").concat(i))}o[n]=r}},iuEU:function(n,e){n.exports=react-relay},oqNQ:function(n,e,t){"use strict";t.r(e);var o=t("S0B4");Object(o.a)("entryLoaded");var r=function(n){Promise.all([t.e("vendor"),t.e("common")]).then(t.bind(null,"A+VG")).then(function(e){n(e)})};window.runApp=function(){Object(o.a)("runAppCalled"),r(function(n){n.runApp()})},window.inlineReact=function(n,e,t,r){Object(o.a)("InlineReactCalled","loadable"),a(n,e,t,r)},window.shimProxy=window.shimProxy||{webnodeSubscribeEventsQueue:[]};var i=!1,a=function(n,e,t,a){var u=function(){i||(i=!0,r(function(r){Object(o.a)("StartAppInlineReactCalled","loadable"),r.inlineReact(n,e,t,a)}))};window.shimProxy.webnode?window.shimProxy.webnode.subscribe("REACT_LOADABLE_LOADED",u):window.shimProxy.webnodeSubscribeEventsQueue.push(["REACT_LOADABLE_LOADED",u])};window.renderPrefetchedPage=function(n,e,t,o){r(function(r){r.renderPrefetchedPage(n,e,t,o)})},window.reportPageSpeedData=function(n){Promise.all([t.e("vendor"),t.e("common")]).then(t.bind(null,"pys6")).then(function(e){e.reportPageData(n)})},window.setTimingData=function(n){Promise.all([t.e("vendor"),t.e("common")]).then(t.bind(null,"pys6")).then(function(e){e.setTimingData(n)})},window.setGlobalMetadata=function(n){Promise.all([t.e("vendor"),t.e("common")]).then(t.bind(null,"Gnru")).then(function(e){e.setGlobalMetadata(n)})},window.updateGlobalMetadata=function(n){Promise.all([t.e("vendor"),t.e("common")]).then(t.bind(null,"Gnru")).then(function(e){e.updateGlobalMetadata(n)})},window.setServerPerfCheckpointData=function(n){Promise.all([t.e("vendor"),t.e("common")]).then(t.bind(null,"pys6")).then(function(e){e.setServerPerfCheckpointData(n)})},window.setWebnodeLoadable=function(n){Promise.all([t.e("vendor"),t.e("common")]).then(t.bind(null,"0xW3")).then(function(e){e.setWebnodeLoadable(n)})}}});
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.
Thanks for writing. While I’m not a lawyer I believe if your physical practice is ADA exempt your web presence, as an extension of that physical business would maintain the same exemption status. If you’d like to be absolutely certain I’d confer with an ADA lawyer (email us, questions at yokoco dot com if you need a referral) but I don’t believe you have reason to worry.

ADA compliance means making your place of business fully accessible to persons with disabilities. The Americans with Disabilities Act (ADA) was signed into law in 1990, but it only covered brick and mortar businesses. Meaning your place of business had to accommodate people with disabilities. Now that technology has advanced, this law applies to your web site as well.
For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
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.
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation, including restaurants, movie theaters, schools, day care and recreational facilities, and doctors’ offices. All public places, as well as privately owned commercial facilities, are required to comply with ADA standards.
Poorly designed websites can create unnecessary barriers for people with disabilities, just as poorly designed buildings prevent some people with disabilities from entering. Access problems often occur because website designers mistakenly assume that everyone sees and accesses a webpage in the same way. This mistaken assumption can frustrate assistive technologies and their users. Accessible website design recognizes these differences and does not require people to see, hear, or use a standard mouse in order to access the information and services provided.
The Americans with Disabilities Act (ADA) was first passed in 1990. Twenty years later, the US Department of Justice released an update called the 2010 ADA Standards for Accessible Design. These standards cover the design of physical spaces and have been interpreted to include web locations as well, so it can be difficult for the would-be accessible website designer to use them.

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.”
I am passionate and dedicated designer tackling complex problems and finding creative solutions. I use language & content strategy to make design solutions that are intuitive, trusted, and easy to use. I put the users of my solution at the center of every decision I take. I have 5+ years of commercial projects experience at Ukrainian IT companies and 4 years at Upwork freelancer platform (projects with small budgets). Now I live in NYC area.
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.

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.
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.
For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.

So, what do I mean by that? That sounds weird. So, when I say designer, I mean someone who's strictly an artist, and there's a lot of those out there. A lot of 'designers' are only concerned about the aesthetics of the site. What it looks like, or if its unique, or if it follows the latest website design trends. But at the end of the day they don't really 'get it' when it comes to what the primary purpose of a website is.
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.
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation, including restaurants, movie theaters, schools, day care and recreational facilities, and doctors’ offices. All public places, as well as privately owned commercial facilities, are required to comply with ADA standards.
In an August 2016 case involving the University of California Berkeley, the DOJ ruled that the public university was in violation of ADA Title II (similar to Title III but it instead applies to government organizations) because their YouTube channel’s videos didn’t include captions for hearing impaired visitors. The DOJ found this to violate the ADA as deaf users did not have equal access to the online content.
Yes, all websites must have hand rails in the rest rooms, ramps in lieu of front porch stairs and elevators with doors wide enough for wheelchairs to be easily loaded into them. Seriously though, ADA only covers Americans, and the Internet is hardly just an American institution. Besides, browsers can already be configured to override the web designer’s pre-configured fonts, font sizes, font and page and page background colors, etc, to make it much easier to read. Also, the big 3 Operating Systems (MS Windows, MAC, and Linux) have text-to-speech programs which will allow the computer to read...
×