This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
“Streaming of video programming over the Internet—by defendant Netflix and other similar providers—has revolutionized the entertainment industry; it is fast becoming the dominant means of delivering movies, television shows, and other entertainment offerings to the American public. Persons who are deaf or hard of hearing should not be prevented from fully participating in this aspect of American life. Netflix’s denial of equal access to, and full enjoyment of, its “Watch Instantly” service violates the ADA.”-Assistant Attorney General, Thomas E. Perez.
In January of 2017 the federal government moved forward with the adoption of WCAG 2.0 AA as the standard for federal agency sites, leading many in the accessibility community to believe that a full adoption of the WCAG 2.0 Level AA standards by the DOJ for websites both public and private would be forthcoming. As of the writing of this post, that has neither occurred nor been added to the DOJ’s agenda, likely due to the installation of a new administration and other legislative priorities.
Because the ADA does not specifically mention websites, it also does not outline standards for how organizations can make their websites accessible. However, the DOJ has frequently cited recommendations such as the Web Content Accessibility Guidelines (WCAG) 2.0 as acceptable metrics for accessibility. WCAG 2.0 includes many different criteria at three different “success levels” of accessibility, ranging from high-contrast color schemes to closed captions for video content.
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.
Web designers often design in such a way that does not allow the user to adjust font size or color. While they may be protecting their brand, they are also inhibiting some users. Many visually impaired need to use high contrast color settings or very large fonts to read a website. Don't design your website in a way that makes it impossible for them to do this.
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.
...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.
Error prevention on important forms (3.3.4): For pages that create legal commitments or financial transactions or any other important data submissions, one of the following is true: 1) submissions are reversible, 2) the user has an opportunity to correct errors, and 3) confirmation is available that allows an opportunity to review and correct before submission.
On the legal side, ambiguity in the law and the speed at which technology and dependence on the Internet has developed created an opportunity for litigation all over our nation. As these cases have moved through our system, the courts have been nearly split -- with the 1st, 3rd and 7th Circuits ruling that the ADA does apply to websites, while the 6th, 9th and 11th Circuits have ruled that it does not. These latter rulings have all been based on the interpretation that the ADA is focused on physical location and requires a nexus test. Other circuit courts in the United States have yet to rule on the topic.