Accessibility is important and should be a part of your company or organization’s long-term digital presence strategy. As the web grows ever more refined and personalized, it will no longer be just other entities like the government, Google and the DOJ that expect your site to function with all possible populations in mind. Individual users of all backgrounds, abilities and experience will expect and demand that your site be clear, easy to use and accessible to all.
Last spring, I was approached by my local chapter of the Legal Marketing Association about presenting alongside attorney Dana Hoffman of Young Moore on the Americans with Disabilities Act (ADA) and its application to law firm website design. The presentation was fun and informative, and I was honored shortly thereafter the opportunity to expand the focus for an audience of litigators at the 2017 Defense Research Institute’s Retail and Hospitality Conference in Chicago. I’ll be presenting on this topic this Friday alongside Amy Richardson of Harris Wiltshire & Grannis. Amy has worked on both the litigation and government enforcement sides of this issue and we’re both looking forward to talking with attorneys representing clients across the business spectrum on this interesting topic.

The need to make websites, mobile apps, and other online properties accessible to all is only going to increase as time moves on. Smart business owners will do well to get in front of this issue and make sure that their websites are ADA compliant now so that all their customers have the equal access to the resources they offer. Not just because they want to avoid a lawsuit or government action, but because it’s the right thing to do.
It is worth noting that before the settlement, Netflix attempted to argue that, due to its role as a streaming video distributor, any legal action should pertain to the 21st Century Communications and Video Accessibility Act (CVAA), which, at the time, did not call for closed captions on content that had not previously aired on US television. However, the court ruled that these two laws are not mutually exclusive and that Netflix was not protected from ADA prosecution because of compliance with the CVAA.
The menu is fully keyboard accessible and contrast levels for text are kept well above the 4.5:1. This theme passes WCAG 2.0 AA standards out-of-box. On wordpress.org, Period is given the “accessibility-ready” tag. This is basically a reminder to users that while all design elements in Period pass accessibility standards, it’s up to the user to make sure their content is accessible too in order for their site to maintain its accessibility.
All of that was well and good in 1990, when the then-nascent Internet was not the ubiquitous presence in the lives of Americans that it is today. For example, retail shopping in-person at a mall in 1990 was booming, unlike today where online shopping has completely changed the game for retailers. As time and technologies evolved however, the Department of Justice (DOJ), the entity charged with enforcing the ADA, hinted but never definitively stated that Title III may indeed be applicable to websites.
Webpage designers often have aesthetic preferences and may want everyone to see their webpages in exactly the same color, size and layout. But because of their disability, many people with low vision do not see webpages the same as other people. Some see only small portions of a computer display at one time. Others cannot see text or images that are too small. Still others can only see website content if it appears in specific colors. For these reasons, many people with low vision use specific color and font settings when they access the Internet – settings that are often very different from those most people use. For example, many people with low vision need to use high contrast settings, such as bold white or yellow letters on a black background. Others need just the opposite – bold black text on a white or yellow background. And, many must use softer, more subtle color combinations.
It makes sense that everyone should have equal access to websites and online properties.  The Internet has become an integral part of our lives, where we go to shop, learn, do our banking, and socialize. The DOJ hasn’t determined what the final set of regulations for ADA compliant websites will be yet, but there are established guidelines and standards of accessibility that can be viewed on the ADA website. Once a website meets these accessibility standards it qualifies as ADA compliant.

Your company’s website is your primary communications tool and a vital part of your infrastructure. Your clients and customers -- both current and potential -- are coming to you from a wide range of backgrounds, experiences and perspectives. It makes good business sense to have a site that is accessible to as many people as possible to demonstrate to your users and clients that you understand their needs and want to meet them where they are in order to best serve them.  
Finally, WA11Y is another top ADA compliance plug-in to consider. A toolbox of resources to help you meet most ADA compliance needs, the plug-in packs multiple accessibility tools, each with a unique purpose. Tota11y, the first tool in the box, for instance, annotates all elements of your web pages and identifies any accessibility issues. Another tool in the box, WAVE, performs a detailed accessibility analysis of each page and provides printable reports. Then, you have FILTERS which is used to modify data within Wa11y.
All of that was well and good in 1990, when the then-nascent Internet was not the ubiquitous presence in the lives of Americans that it is today. For example, retail shopping in-person at a mall in 1990 was booming, unlike today where online shopping has completely changed the game for retailers. As time and technologies evolved however, the Department of Justice (DOJ), the entity charged with enforcing the ADA, hinted but never definitively stated that Title III may indeed be applicable to websites.
Tags: 2.0, 2.1, 2010, accessibility, ADA, Advanced Notice of Proposed Rulemaking, ANPRM, attorney general, Congress, Department of Justice, Due Process, effective communication, House of Representatives, Interpretation, Jeff Sessions, June, Legal Action, litigation, motion to dismiss, public accommodations, September 25, Staffed Telephone, Standards, Statutory Authority, Title III, WCAG, Web Content Accessibility Guidelines, website
Ensure that in-house staff and contractors responsible for webpage and content development are properly trained. Distribute the Department of Justice technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities” to these in-house staff and contractors on an annual basis as a reminder. This technical assistance document is available on the ADA Home Page at www.ada.gov. 

FreshySites – Website Design is a fully in-house WordPress Website Design Company and Web Development Agency focused on WordPress and WooCommerce. Our company’s foundation is thoughtful and beautiful design, with fast turn-around. We pride ourselves on best-in-industry customer service and have worked on over 1,700 projects since our launch in 2011.
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.
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