ADA Covers Websites According to Federal Judges

The trend of federal judges siding with plaintiffs in website accessibility cases continues, with recent rulings in California, Florida, New York and Vermont.  Federal judges have continued to deny motions by defendants to dismiss their case and have found that websites are subject to the ADA.  These recent cases continue to force business to seek out an automated ADA website compliance checker, like AuditGenie.com, to scan their site and make their websites accessible to disabled individuals.

Recent Cases

Florida - Grocer Winn Dixie was sued for having an inaccessible website, the federal judge found in favor of the plaintiff.  The court determined that the grocer violated Title III of the ADA, the judge ordered injunctive relieve, the plaintiff was awarded attorneys fees and costs.

New York - Five Guys' restaurant and retailer Blick.  Two separate federal judges denied motions to dismiss lawsuits against Five Guys' restaurant and the retailer Blick.  The lawsuits alleged that Five Guys' restaurant and  Blick violated the ADA and New York State and City, and civil rights laws.  Both judges determined that websites are subject to the ADA as brick and mortar business are.  The judges further determined that the court did not need to rely upon federal agency regulations to set the standard for a website to violate ADA.  

Vermont - Scribd.  The federal district court in Vermont denied Scribd's motion to dismiss the lawsuit.  The judge determined that a business who only conducts business on the internet is a place of public accommodation under Title III of the ADA.

California- Hobby Lobby.  The federal judge hearing the case denied Hobby Lobby's motion to dismiss the case.  The case is now proceeding to discovery.

Related Article: ADA Website Compliance Checker

Key Takeaways

• A business with a website does not have to have a physical location to be covered by ADA.
• Being in the process of correcting website accessibility errors does not alleviate wrongful behavior. 
• Any website owner should immediately begin taking proactive steps to correct website accessibility errors and use an ADA website compliance checker, like AuditGenie.com, to scan their site.
• Expect more demand letters and more lawsuits against business with a web presence.

Consider Web Accessibility When Choosing Web Developer

Creating web accessibility in your website can be easily achieved by hiring a reputable web developer. You'll experience confidence by knowing that your website will be designed correctly and allow disabled and non-disabled consumers to browse through your webpages, make selections and complete purchases with ease.

Why the Right Web Developer is Essential

Having a web developer that is experienced and capable of creating a website that is web accessible is vital to your online success. You could potentially face legal problems by not following WCAG 2.0 guidelines or Section 508 compliance; this can lead to unwanted stress and financial woes. The point of running a website is often to create a financial gain through sales of products or services. If your site lacks accessibility, you have the potential of generating less traffic resulting in fewer online sales, put you at risk of a lawsuit and thereby limiting the success of your business.

Complications with Inexperienced Web Designers

Having an inexperienced web designer can lead to multiple problems that may limit accessibility on your website.

1. Creating Poor Color Schemes
2. Website Mobility Limitations
3. Interface Difficulties

Color Schemes are often added to websites for visual enhancements by novice web developers. These sights are often section 508 non-compliant and can lead to avoidance by visually disabled users.

Mobility issues are a common problem with disabled users. Developing a website that is web accessible will have multiple command options, users should be able to alter between keyboard and mouse usage. Web designers that have inadequate experience often fail to implement dual options.

A Simplistic interface should be designed to improve website interactions with disabled users. New web designers lack the ability that experienced developers have when it comes to addressing web accessibility issues. Do your homework when looking for a web developer and consider using a validation tool to check for coding errors yourself. Check your developers work to ensure your money is well spent and not blindly trusting the coding on your site is properly done.