An example is Patagonia Works, Inc. which had a complaint for a permanent injunction filed against it in the United States District Court stating, Under Section 302(b)(1) of Title III of the ADA, it is unlawful discrimination to deny individuals with disabilities an opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages or accommodations, which is equal to the opportunities afforded to other individuals. 42 U.S.C. 12182 (b)(1)(A)(ii). Below is a summary of what the lawyers asked the court for.
My request at this point is if the developers of the plugin could please implement a solution like this so that the plugin can be compliant natively, without me having to jump in and edit the code every time the plugin is updated. It doesn’t need to be this solution exactly, as this is admittedly a bit of a rough fix, but if the buttons could be modified with ADA compliance in mind, it would make things a lot easier for sites that use this and have these requirements to meet.
You can test specific themes for compliance with these guidelines using a tool such as the WAVE Web Accessibility tool. For sites that require 100% compliance, we recommend testing your theme of choice using the demo page for the theme, for example Twenty Fourteen. We also recommend using Header Text (displaying the Site Title), rather than a Header Image, as some WordPress.com themes will not provide AltText and therefore generate an error in the accessibility tool when a Header Image is set.
When you insert an image into a post or page, consider providing a rich description for the caption that will improve the reading experience for everyone, but especially folks who can’t see the image. Be creative. Instead of “My son on his swing,” try “My son is playing on his favorite swing. His face is filled with pure joy on a beautiful Spring day. Perfection.” The goal here is to convey the feeling of the image.
These statistics are especially important when you consider the potential spending power of people with disabilities. Unfortunately, if the website isn’t accessible, then it is excluding more than 60 million Americans14. Additionally, 71 percent of customers14 with disabilities will instantly leave the site if it does not meet their accessibility needs. Another 80 percent of customers14 with disabilities have stated that they will spend more on a website that has improved accessibility features. Fortunately, if you follow Web Content Accessibility Guidelines (WCAG)7, then you can appeal to millions of individuals who want to enjoy the same online experiences as their friends, family, and neighbors. Giving them the chance is not only right, but it is also in accordance with ADA regulations.
The ADA requires that title II entities (State and local governments) and title III entities (businesses and nonprofit organizations that serve the public) communicate effectively with people who have communication disabilities. The goal is to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities.