Camacho is a blind resident of Brooklyn, NY. He is currently making headline news for taking 50 colleges to court under ADA lawsuits. Camacho filed lawsuits regarding website accessibility for all 50 of the colleges. The plaintiff uses a screen-reader but experienced a barrier when trying to access information. The majority of colleges being taken to court are private, including Cornell and Vanderbilt to name a couple.

For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.


Most recently, however, pizza chain Domino's has been brought under suit for their website not being accessible for specialty ordering. The U.S. Supreme Court refused to review the case, instead upholding the decision of the 9th U.S. Circuit Court of Appeals who said the “alleged inaccessibility of Domino’s website and app impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.”
Blind people, those with low vision, and people with other disabilities that affect their ability to read a computer display often use different technologies so they can access the information displayed on a webpage. Two commonly used technologies are screen readers and refreshable Braille displays. As discussed above, a screen reader is a computer program that speaks the text that appears on the computer display, beginning in the top-left corner. A refreshable Braille display is an electronic device that translates text into Braille characters that can be read by touch. These assistive technologies read text. They cannot translate images into speech or Braille, even if words appear in the images. For example, these technologies cannot interpret a photograph of a stop sign, even if the word “stop” appears in the image.
This title outlines the administrative processes to be followed, including requirements for self-evaluation and planning; requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; architectural barriers to be identified; and the need for effective communication with people with hearing, vision and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice.
If posted on an accessible website, tax forms need to be available to people with disabilities in an accessible format on the same terms that they are available to other members of the public – 24 hours a day, seven days a week, without cost, inconvenience, or delay. A staffed telephone line that sent copies of tax forms to callers through the mail would not provide equal access to people with disabilities because of the delay involved in mailing the forms.

The Department of Justice (DOJ) has specifically stated in rulings that websites should be designed so they are accessible to individuals who have vision, hearing, and physical disabilities. There’s a growing body of case law where the DOJ required companies to provide an ADA compliant website and levied hefty penalties when sites failed to measure up.
Because they only read text, screen readers and refreshable Braille displays cannot interpret photographs, charts, color-coded information, or other graphic elements on a webpage. For this reason, a photograph of a mayor on a city’s website is inaccessible to people who use these assistive technologies, and a blind person visiting the website would be unable to tell if the image is a photo, a logo, a map, a chart, artwork, a link to another page, or even a blank page.
What services they offer. Make sure the web design agency you’re interested in offers all the web design services you’re looking for — like 508 compliance, ecommerce design, or CMS integration. You’ll also want to see if the agency provides other services like SEO and PPC. You’ll likely be interested in these services after your website is up and running, and it’s extremely beneficial to work with a web design agency that does it all. You’ll want to be sure that the agency you choose provides other services like SEO and PPC since a great website is essentially useless without the proper promotion.

In recent cases, the U.S. Department of Justice has repeatedly sided with plaintiffs arguing that a private company’s website needs to be accessible, despite any other mitigating factors. One thing is for certain, however: The number of federal lawsuits alleging violations of the ADA is currently accelerating at a rapid pace. Between January and August 2017, there were 432 ADA lawsuits filed in federal court—more than the total number of ADA lawsuits in 2015 and 2016 combined.
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.
Leading web developers have been pioneering accessibility and publishing standards since 1994. In 1999, the Web Accessibility Initiative (WAI) and the World Wide Web Consortium (W3C) created the Web Content Accessibility Guidelines (WCAG). In essence, the people who determine how the internet is written came together to advise web developers on how to make websites accessible not only to people with disabilities, but to all web users, including those with highly limited devices.
Under the law, websites should be just as accessible as ATMs (ever notice the Braille there?), elevators, terminals and other user interfaces. Not only should your site be accessible to all on a laptop or desktop but also on tablets and mobile phones. Failing ADA compliance creates poor and awkward experiences for people with physical disabilities. Simply put, ADA compliance is assuring your website falls within a set of prescribed accessibility standards.
For most people, the Americans with Disabilities Act (ADA) conjures up pictures of physical accommodations such as wheelchair ramps near building entrances, handicapped parking spaces, and the use of braille writing on signs and placards. These measures have been tremendously valuable in helping the 56.7 million Americans with a disability function and thrive within society.

Barden v. The City of Sacramento, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA. Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the 9th Circuit Court of Appeals, which ruled that sidewalks were a "program" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U.S. Supreme Court, which refused to hear the case, letting stand the ruling of the 9th Circuit Court.[62][63]

WEB DESIGN: For over twenty years, I have developed client sites for large and small businesses and in every sector imaginable. I develop responsive websites with WordPress which is the industry standard for website development. I specialize in Responsive Web Design so your website displays automatically on any device. Responsive design makes the most sense when developing your new business website because the design adjusts itself to the size of a user's screen. Your website visitors will be able to view all of your content on a desktop computer,...
...the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of "public accommodation" by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.
Costs for any project aren’t black and white, but having a general framework to approach the budgeting process will get you closer to an accurate estimate. Several factors will play a role in costs, and even just one change in scope can have a huge increase or decrease in budget. Bear in mind that it’s also important to find a designer you like and enjoy working with, and each designer will have his own rates, which will also greatly affect the end cost of your project.
Monica is the creative force and founder of MayeCreate. She has a Bachelor of Science in Agriculture with an emphasis in Economics, Education and Plant Science from the University of Missouri. Monica possesses a rare combination of design savvy and technological know-how. Her clients know this quite well. Her passion for making friends and helping businesses grow gives her the skills she needs to make sure that each client, or friend, gets the attention and service he or she deserves.
Peter is Founder and CEO of Blue Interactive Agency, a full service digital marketing agency. With a passion for online marketing, Peter enjoys analyzing digital strategies and offering his unique view on how effective they are. Having a track record of successfully commercializing digital properties, Peter is always looking for the next challenge to help a company succeed online. In his spare time, Peter maintains a personal blog which focuses on his gastronome adventures.

Spector v. Norwegian Cruise Line Ltd.[64] was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation it was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
What services they offer. Make sure the web design agency you’re interested in offers all the web design services you’re looking for — like 508 compliance, ecommerce design, or CMS integration. You’ll also want to see if the agency provides other services like SEO and PPC. You’ll likely be interested in these services after your website is up and running, and it’s extremely beneficial to work with a web design agency that does it all. You’ll want to be sure that the agency you choose provides other services like SEO and PPC since a great website is essentially useless without the proper promotion.
The Commission also recognizes that differences and disputes about ADA requirements may arise between employers and people with disabilities as a result of misunderstandings. Such disputes frequently can be resolved more effectively through informal negotiation or mediation procedures, rather than through the formal enforcement process of the ADA. Accordingly, EEOC will encourage efforts of employers and individuals with disabilities to settle such differences through alternative methods of dispute resolution, providing that such efforts do not deprive any individual of legal rights provided by the statute.

For Avanti Hotel to address the issue and make its website ADA compliant, it will cost around $3,000. However, oftentimes businesses must pay damages to the plaintiff on top of making the fix. In this particular case, the settlement is expected to be between $8,000-13,000. If the owner chooses to fight, damages plus lawyer fees could put him at more than $25,000. This is a heavy burden for a small business.
Sometimes taking leave is a reasonable accommodation. The Family Medical Leave Act (“FMLA”) gives many employees up to twelve weeks of unpaid leave. This leave may be taken incrementally instead of large blocks of time, such as taking additional breaks during the day, taking half days off, coming to work later than normal, or leaving earlier. Taken a few hours at a time, twelve weeks can stretch out for a long time. An employer who denies FMLA leave may have violated both the FMLA and the ADA.
Because web designers tend to work as freelancers on a project basis, they must be excellent communicators, willing to manage their own work, and available on your schedule. Some critical skills, such as working collaboratively and responding enthusiastically to feedback, aren’t core to good web design, but make working with a web designer much easier. Finally, look for a web designer who has cross-functional knowledge, such as understanding marketing and conversion rate optimization in addition to web design.
The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees.  This title also provides a list of certain conditions that are not to be considered as disabilities.
Web design is not the same as web development, but sometimes you’ll find a developer or designer with overlapping skills who can perform both. Many web designers create mock-ups of a site or app using graphic design software, while others create custom themes that can be viewed as functional websites. A website designer typically works with a variety of design software and technologies to create responsive layouts and page elements that are visually appealing to users. They’ll work to improve the interface and user experience, and often collaborate with graphic artists, programmers and copywriters along the way.
Navigable: Content that’s repeated on multiple pages can be easily skipped. All pages have informative titles, headings, and labels that describe the page’s content and hierarchy. Navigating the page must take place sequentially, in a meaningful order that preserves relationships on the page. All link text is descriptive in order to make clear where the link will take users. If users are navigating via a keyboard, the current focus of the keyboard is always highlighted and visible.
The words in the tag should be more than a description. They should provide a text equivalent of the image. In other words, the tag should include the same meaningful information that other users obtain by looking at the image. In the example of the mayor’s picture, adding an “alt” tag with the words “Photograph of Mayor Jane Smith” provides a meaningful description.
This title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements.  This title is regulated by the Federal Communication Commission. 

Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
Because of this, among the greatest drivers of website accessibility are usability improvements and the reputation boost that it brings—or, alternatively, the lost business that organizations want to avoid as a result of inaccessible websites. According to a survey by the National Business Disability Council at the Viscardi Center, 91 percent of customers say that they’d prefer to shop at a website that prioritizes accessibility.
If your hotel used responsive web design when creating your online marketing strategies, you’re already meeting many of the ADA compliant regulations for hotel websites. You will still need to make some changes, but you definitely have a head start. Making the changes now, before your business is the target of a lawsuit or government action, makes good business sense.   

Case law has been the most helpful in illuminating the implications of the ADA for websites.There have been lawsuits involving companies like Expedia, Hotels.com, Southwest Airlines, and Target as defendants and primarily featuring accessibility organizations as plaintiffs. These cases had mixed results, but each helped clarify the ADA's jurisdiction on the web. 
In this case, Barnett was a US Airways employee who injured his back, rendering him physically unable to perform his cargo-handling job. Invoking seniority, he transferred to a less-demanding mailroom job, but this position later became open to seniority-based bidding and was bid on by more senior employees. Barnett requested the accommodation of being allowed to stay on in the less-demanding mailroom job. US Airways denied his request, and he lost his job.
Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws.
Web designers are must-have for any site owner. Whether you’re building a new site or your existing design needs a refresh, you’ll need a good designer that can match your business style with the right layout, color scheme, and user interface (UI). Like fashion, web design trends change frequently so you need a designer who understands the market, UI, and user experience (UX) design, and who knows how to use this to make your site attractive and easy to navigate.
The next factor is language. Although web design doesn’t require someone who speaks the same language, it’s important that your designer understands your requirements. This can be more difficult if you don’t speak the same language fluently. You can interview a freelancer to explain your requirements and get a feel for their understanding of the project before you begin.

The ADA itself holds different organizations to more/less stringent standards based on a host of factors, government funding being a major one. Government agencies themselves are usually held to the most severe standards. That said, while ADA has adopted WCAG as the defacto standard, from what I’ve seen it appears they’re going with AA compliance as the most reliable one. That said, we’ve done work with some organizations who’ve chosen to comply with AAA in an effort to be as buttoned up as possible from an accessibility and experiential perspective. We’ve also worked with some who have tighter budgers and aim for level A compliance and have a more “react and repair” mindset when they discover anything in their site that is giving someone hardship from an accessibilirt standpoint.


For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."
ADA website compliance is about making sure that everyone has equal access to all the elements on your website and apps. That may mean you need to provide alternatives for some of the functions and content on your site in order to meet ADA website compliance standards. Here’s a quick rundown of some of the accommodations that need to be incorporated into your website to meet the ADA guidelines:

Technology is changing, and many website designers are using creative and innovative ways to present web-based materials. These changes may involve new and different access problems and solutions for people with disabilities. This Chapter discusses just a few of the most common ways in which websites can pose barriers to access for people with disabilities. By using the resources listed at the end of this Chapter, you can learn to identify and address other barriers.
Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities and transit vehicles are accessible to people with disabilities. The Guidelines & Standards issued under the ADA and other laws establish design requirements for the construction and alteration of facilities. These standards apply to places of public accommodation, commercial facilities, and state and local government facilities.
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