April 11, 2016 – Despite the lack of formal agency guidance regarding public accommodations’ obligations to make websites accessible to the deaf and blind, entrepreneurial attorneys have pursued enforcement of website accessibility under Title III of the Americans with Disabilities Act.
DON’T GET SUED! If you or your agency build websites for public accommodations (entities that provide goods and services to the public), particularly educational or retail websites, they must be accessible to individuals with disabilities, unless the goods and services are available in some other equivalent manner. The law provides a private right of action which allows plaintiffs to demand money damages.
PRO-TIP: Ensure that all of the goods, services and information available on client websites can be accessed via 24/7/365 phone service. Advise clients who are public accommodations (e.g. school and college websites non-profit or for-profit) to bring their websites and mobile applications into compliance with WCAG 2.0 AA.