ADA Lawsuits on Web Accessibility: How and Why It Got Started
Sometimes all we need to do to understand the importance of our responsibility today is to take a little look back at the history of how something got started. The Americans with Disabilities Act was signed in 1990, way before the internet became what it is today. As a result, it does not explicitly address web accessibility, despite being the most comprehensive legislation ever signed in the United States concerning civil rights for accessibility. As a result, lawyers and judges have had to determine how the ADA can be applied to online content. In many ways, this law remains open to interpretation, which is why there is such a varied response to it in the courts. However, the overwhelming decisions that have been made regarding ADA lawsuits on web accessibility have determined that it should extend to all types of digital information, products, and services.
Why the Americans with Disabilities Act Matters
This particular Act was a big win for disabled Americans. It guarantees equal opportunities for individuals with a broad range of disabilities in essential areas, including public accommodations, employment, government services, commercial facilities, and transportation. Some of the disabilities that are covered under the ADA legislation include physical, sensory, and cognitive. Amendments have been made over the years to include a broader scope of disabilities and how they can be legally defined to include emotional, psychological, and physiological conditions. It has been made clear that public and private entities’ responsibility is to provide all individuals with equal access through certain accommodations to suit each person’s unique needs.
There are five Titles listed under the Americans with Disabilities Act, which include employment (Title I), public entities (Title II), public accommodations (Title III), telecommunications (Title IV), and miscellaneous provisions (Title V). Currently, the requirements for ADA web accessibility fall under Title III or public accommodations. This is where we see the bulk of ADA lawsuits on web accessibility for a place of public accommodation. But what does that mean, and how does it apply to your business website? What do you need to do to ensure that your website meets compliance standards, which now include not just ADA Title III, but also WCAG 2.1 AA, Section 508, and EAA/EN 301549, as well as other national and international guidelines and regulations? The good news is that Accessible Internet can help you to become compliant in minutes to protect your website from potential lawsuits and to guarantee accessibility for all.
ADA Title III: Place of Public Accommodation
While it makes complete sense that commercial businesses would fall under this category, such as airports, restaurants, movie theaters, hotels, and retail stores, it can be surprising to some that websites are considered a place of public accommodation as well. However, when you think about how people do business today on the internet, it becomes even more apparent. During the early days of the pandemic, everyone stayed at home and avoided going out as much as possible. We relied on mobile deliveries for what we needed to survive, from groceries to fast food, prescription medications to household products for sanitizing, and everything in between. Many businesses pivoted to accommodate the changing demands of consumers and put everything online. Imagine if you had a disability that made it impossible for you to complete simple tasks that everyone else was doing, such as order a pizza or get your essential prescriptions delivered? What would you have done?
The pandemic aside, every individual has a civil right to access information, services, products, and support. Title III states that no individual should be discriminated against, whether intentionally or through ignorance of the law, regarding the “full and equal enjoyment” of the goods and services offered by a place of public accommodation. There is a long list of criteria and categories that determine whether a business or organization is considered a place of public accommodation. However, once you understand the importance of the Americans with Disabilities Act and how lack of accommodation can impact an individual’s ability to access information, goods, and services, it becomes clear that your business should do everything it can to become compliant. There have been many landmark ADA lawsuits on web accessibility, including the National Association of the Deaf (NAD) v. Netflix in 2010, Access Now, Inc. v. Southwest Airlines in 2002 for their website and virtual kiosk, and the National Federation of the Blind (NFB) v. Target Corporation in 2006 for accessibility issues with their e-commerce website.
The Bottom Line
ADA lawsuits on web accessibility have increased by 300 percent since 2018. The Americans with Disabilities Act was created to protect those with disabilities and provide them with civil rights legislation to guarantee access to everything from employment to your place of public accommodation. Accessible Internet can provide you with the tools you need to make your website compliant with ADA web accessibility requirements today. Take control of your business and protect it today with our easy-to-use and customizable accessibility compliance solution. We can help you provide every visitor to your website with equal access and support for your resources, goods, and services. Contact our team today either online or by calling us directly at 1-800-999-9999.