Showing posts with label web accessibility lawsuit. Show all posts
Showing posts with label web accessibility lawsuit. Show all posts

Sunday, 27 April 2014

5 Reasons for the Developing Number of ADA Lawsuits Over Websites

Within the last a few years there has been a developing number of case suits being filed pertaining to the Americans with Disabilities Act and the inaccessibility of websites. A few recent cases include Miami University, H&R Block and Netflix. Disability advocates and aggressive lawyers searching for sizable settlements are bringing on these web accessibility lawsuits. Accessibility circumstances have formed into not only high priced situations but also, has produced a significant amount of unpleasant media attention. The truth business owners must accept about web accessibility, is understanding it is undoubtedly not going away and there's likely a mounting number of lawsuits about to develop in the upcoming future. Future, accessibility lawsuits will not only affect official or large companies but will potentially impact every business web page on the net.

Here are 5 reasons for the Increase in Lawsuits Over Web Accessibility:
  1. Inaccessible websites are uncomplicated for plaintiffs to locate. Impaired internet users or someone utilizing assistive devices has the capability of navigating the web from the comfort of their residence and find inaccessible sites. This mirrors the act of driving by a actual physical store space and identifying there is no handicap parking space present or other essential accessibility features.
  2. Web-page owners and operators do not pay invest enough interest in accessibility. They have dedicated the vast majority of their time into producing websites, which have a high quality physical appearance, and not on providing an equal user access.
  3. The Department of Justice and other plaintiffs have triumphed more often than not in website accessibility lawsuits. Case suits are mounting and will continue until eventually the internet equally accessible to impaired users. 
  4. There's a lack of industry regulations and specifications as well as many misguided website owners that have been mistakenly informed their website is compliant, where it is not.
  5. Many web-page operators don't give American with Disabilities Act the consideration it needs. Business owners haven't realized how dangerous a lawsuit may be nor have owners considered how compliance is far less costly than dealing with the legal situation.

Thursday, 24 April 2014

Disney Web Accessibility Lawsuit Teaches a Lesson

Early in 2013, an agreement was reached in the accessibility lawsuit against Walt Disney Parks. The lawsuit, Shields vs. Walt Disney Parks, asserted that Disney did not adjust to California and Federal legal guidelines and discriminating against seeing impaired individuals by denying adequate admission to theme parks and the Disney website. The result of the issue demanded in a lengthy list of improvements and payouts that Walt Disney must comply with in a one years time. Today, the one-year mark is quickly approaching and soon Walt Disney’s accessibility will be evaluated. Yet, the bigger question and lesson learned in this case is understanding the weight and significance of having an accessible website. Every website should now assess if their site is accessible, failing to do will eventually lead to legal problems. This article highlights the lawsuit and aims to shed light on the vital importance of web accessibility.

In 2010, a trio of blind patrons filed a lawsuit against beloved theme park, declaring the web site was not accessible to them and did not comply with the American with Disabilities Act. The website problems were surrounding the auto play of the audio and video clips. The media clips made it difficult for those using a keyboard to browse the site and made it incompatible with assistive devices, mainly screen readers. The online resources also utilized Flash content material and did not provide alt text for images, further complicated the website for blind users.

Alongside the web accessibility charges, came problems with the actual physical park. Statements were made that the theme park did not offer reasonable modifications for individuals with impairments; such as refusing to allow the use of guide dogs, supplying audio assistance, and inability to supply schedules, menus, maps, etc. in Braille. The blind visitors argued that Disney and their websites do give adequate attention to the needs of individuals with visual impairments. Disney denied the accusations and further stated the corporation does not owe individuals with impairments anything, claiming issues around blind visitors should be looked at on a situational basis.

The suit continued for multiple years and confronted several due processes, until an agreement was settled on in 2013. A decision was made to separate the suit into four subclasses infrastructure, service animals, communication and website. Each of these national subclasses included an extensive amount of improvements that Disney is obligated to comply to within one year.

Walt Disney Parks will likely stick to the deadline and make the appropriate improvements to their websites and theme park locations to accommodate visually impaired consumers and avoid further legal problems. The aim and lesson in this situation, is that every corporation, organization and company should be asking, “Can everyone access our website?” The Walt Disney web accessibility lawsuit sets an example of the growing number of lawsuits against websites. Web pages ought to be accessible to all clients; failure to place accessibility standards can result in a serious lawsuit.

Thursday, 3 April 2014

Blind Student files lawsuit against Miami University

A blind university student, Aleeha Dudley, with the help of the National Federation of the Blind, has filed an accessibility lawsuit against Miami University. Ms. Dudley was a remarkable student enrolled in the zoology program and had thoughts of one day becoming a veterinarian, but her aspirations were crushed when course materials for her program were inaccessible. The accessibility lawsuit declares that the University violated the ADA (American with Disabilities Act) as well as Section 504 of the Rehabilitation Act by intentionally not providing necessary materials for the impaired student that would ensure she could meet degree requirements. Miami University fell short in delivering supplies, such as college books and course work that were accessible to those with visual impairments. If the university had appropriately supplied the materials, Ms. Dudley could have had the opportunity to maintain her grades and position in her program. Ms. Dudley has fallen behind within the zoology program not as a result of her abilities but, unfortunately, because of the university's inability to provide for its impaired students.

The Disability Rights Ohio Advocacy Group and the NFB are representing Aleeha Dudley’s in the accessibility lawsuit. Evidently, Ms. Dudley’s situation is not the first or even the only visually impaired student to be discriminated against at Miami University. Other blind students have found similar frustrations and unnecessary challenges to effectively accesses course supplies and data. A university has a tremendous opportunity to insure a bright future for those with disabilities, but as Dr. Marc Maurer, President of the NFB, said in a statement regarding this circumstance, the university has failed to acknowledge its moral and legal obligations They failed to provide accessible equipment for Ms. Dudley’s education. The NFB is taking a stand and claims they will not allow the inequalities happening to Ms. Dudley and or to other visually impaired students in America. The NFB will fervently pursue this lawsuit and is encouraging other educational facilities and educational institutions to take the necessary measure to ensure accessibility for their students.

The university student has described her experience at the institution as being a nightmare. Ms. Dudley is now behind her in her degree and may have no hope of fulfilling her dream of becoming a veterinarian. Ms. Dudley explains her actions in filing the accessibility lawsuit stating she is taking on this case not just for herself, but to help pave the path so that other blind students looking to attend Miami University will not experience the same challenges and anguish she had to endure.

Thursday, 27 February 2014

5 Motives for the Increasing Number of Web Accessibility Lawsuits Pertaining to the ADA

Over the past a number of years there have been a growing amount of class action suits being filed surrounding Americans with Disabilities Act and the inaccessibility of websites. Some recent instances include Miami University, Netflix, and H&R Block. Each of these web accessibility lawsuits are brought on by handicap advocates and powerful attorneys looking for large settlements. Accessibility cases develop into not only a costly situation but also, produces an extensive amount of unpleasant media attention. The difficult truth website owners must accept about web accessibility, is that it is undoubtedly not going away and there is likely a wave of lawsuits about to reveal in the very near future. Accessibility lawsuits will not only impact official or large companies but could prospectively affect every website on the internet.

Here are 5 motives for ADA Lawsuits Regarding Web Accessibility:

1.Issues are easy for plaintiffs to locate. Disabled internet users or a person using assistive technology just need to browse online from the comfort of their house to find accessibility issues. This is similar to somebody noticing a physical store space that has no disabled parking space or other observable needed accessibility features.

2. Web-page owners and managers do not pay sufficient attention to accessibility. They have spent most of their time creating websites, which have an excellent physical appearance, and not concentrating on supplying equal user access.

3. The Department of Justice and other plaintiffs have had a significant amount of favorable outcomes with website accessibility lawsuits. Class suits are continuing to surface and steadily proceed until eventually resources and websites online are offered to all consumers.

4. There is a deficiency of industry standards and regulations as well as many misguided web-page owners that believe their website is compliant, when in truth it is not.

5. Majority of internet site owners do not give ADA compliance the attention it needs. Business owners haven't understood the significance of accessibility and how damaging a lawsuit could be, neither have they considered how compliance is far less costly than dealing with the legal actions.

Wednesday, 12 February 2014

Disney Web Accessibility Lawsuit Teaches an Important Lesson

Early in 2013, after several years, a settlement was agreed upon in the class action lawsuit against Walt Disney Theme Parks. The case Shields vs. Walt Disney Parks claimed that Walt Disney failed to adhere to California and Federal laws. They did not provide equal service to both theme parks and the Disney internet website for visually impaired consumers. The outcome of the situation resulted in extensive changes and compensations that Walt Disney was to follow up with in 12 month's time. At present, the time has come for the mandatory changes Walt Disney Parks are due. The question to ask not only Walt Disney, but every website owner is, is their website easily accessible? This article focuses on Disney’s accessibility lawsuit, as well as the importance of web accessibility.

In 2010 three visually impaired Disney customers filed a complaint against the popular family theme parks, declaring the website denied them proper access and violated ADA legal guidelines. The main concerns regarding the website were surrounding sound and movie clips. The clips would automatically play when visiting the website making it inaccessible for keyboard users or individuals using assistive devices, like screen readers. Disney also used Flash content and supplied no alt text for images, making the page even further inaccessible to blind users.

Along with web accessibility lawsuit claims, came problems at the actual location of the theme park. Assertions were made that Disney refused reasonable modifications for disabled consumers. The parks were denying service for patrons with seeing eye dogs, supplying audio options, and failure to supply maps, schedules, menus, etc.in Braille. The blind patrons and the National Federation for the Blind insist that the theme parks and web pages do not consider people with visual  impairments. Walt Disney denied the claims and further declared the company is under no obligation to make special adjustments for visually disabled patrons, claiming situations involving disabilities ought to be taken care of on an individual basis.

The case faced several due processes, and went on for multiple years until a settlement was finally reached in early 2013. Disney was held by the court to make changes in four national subclasses website, effective communication, service animals, and infrastructure. Each national subclass had a long list of demands. The corporation is required to adhere by within a year.

Disney, being a major corporation, more than likely will meet all the necessary requirements that both the website and the theme park are required to accommodate for blind patrons and avoid further legal hassles. The aim and lesson here is that every corporation, company, and business entity, has to be asking themselves; “Is our website easily accessible?” The web accessibility lawsuit against Walt Disney Theme parks represents a growing trend in lawsuits. Online resources need to be accessible to all consumers. Failure to place accessibility standards could end in an unpleasant lawsuit.