Not to frighten you or anything, but according to Seyfarth, the Americans With Disabilities Act (“ADA”) Title III federal lawsuits reached an all-time record high of 11,053 in 2019.
Those numbers do not include state court lawsuits.
They do, however, include lawsuits involving website inaccessibility.
And, it doesn’t look like those numbers are going to decrease drastically anytime soon.
If anything, in the wake of the coronavirus (COVID-19) pandemic, the problem of ADA website lawsuits has increased.
ADA Website Compliance is Big Business and it’s Serious Business.
A recent article in Forbes indicates that more than one in 5 persons are disabled. The disabled represent a significant source of online business.
ADA website compliance has thus become
“one of the most important issues facing online businesses today.”
For one thing, businesses that have websites that are not accessible to the disabled are leaving a lot of money on the table.
For another, however, there are the legal ramifications to having a non-compliant website.
The Americans With Disabilities Acts Applies to Your Website.
The ADA prohibits discrimination based on disability “in places of public accommodation.” (42 U.S.C. § 12182(a).)
So how does that apply to a website?
Well, plaintiffs in ADA website lawsuits generally argue that websites qualify under the law as places of public accommodation. And, that those without access (for example, websites without screen-reading software) violate the law because they deny plaintiffs the right of equal access.
You might be tempted to reject that argument out-of-hand, but think about it for a minute.
Most of us rely heavily on the internet for everything from entertainment to job- searching.
Most recently, due to the COVID-19 pandemic, our reliance on the internet has increased tenfold.
Global “lock downs” and local “shelter in place” orders have everyone relying on the internet to handle everything from doctor’s visits to schooling their children, to ordering groceries.
How do you order groceries or prescriptions online if you are disabled and you can’t see the “order now” button? How do you do your banking or hire someone if the page times out before you can fill in your information?
Now more than ever, having access to the internet is critical for even simple everyday living tasks. For the disabled, not having such access makes life even more of a struggle than it already is.
Does the Law Require You to Make Your Website ADA Compliant?
Right now there are no legally- enforceable ADA website accessibility standards.
So, does that mean you won’t get sued if your website is not ADA compliant?
Not necessarily. (See, Winn Dixie Stores case.)
In 2010, the US Department of Justice indicated that the ADA applied to websites and announced its intention to establish website accessibility requirements.
By 2018, while specific technical standards were still not mandatory, the DOJ nevertheless reiterated that for 20 years it had taken the position that the ADA applies to websites.
Should You Make Your Website ADA Compliant?
For the disabled, inaccessible websites make ordinary everyday living a struggle.
For businessmen and women everywhere, providing an accessible website makes good business sense and is simply the right thing to do.
Quality Writing for People Who Value Their Message.
Your business has people to help and a message to convey. All of your writing reflects you and your message. How you portray yourself to the world through your writing is critical. At Fit and Legal Freelance Writing, I can help you create the quality content you need to convey your message clearly and boost your bottom line. Whether you are a lawyer or a personal trainer, I can provide you with the writing you need, when you need it. Email me at Lisa@fitandlegalwriting.com or contact me here.