Website Accessibility Lawsuits Hit Record Number

picWhy Every Law Firm Needs to Have an ADA Accessible Website

It is projected that by the end of 2018 there will be a record 10,000 ADA Title III lawsuits filed in federal courts.[1]  Many feel that a large amount of website accessibility lawsuits are fueling this exponential growth.  The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, requiring businesses to provide equal opportunity and access for individuals with disabilities.  Lawsuits across the United States have made it abundantly clear that websites are an integral part of doing business and must also be accessible to all individuals.  While the Department of Justice has sidelined publishing guidelines for what makes a website ADA compliant, most have agreed on the recommendations put forth by the World Wide Web Consortium (W3C) known as the Web Content Accessibility Guidelines (WCAG).

 

Now is the Time to Act

On December 26, 2017, the Department of Justice announced the withdrawal of the previously announced Advance Notices of Proposed Rulemaking pertaining to title II and title III of the ADA.  Many had anticipated the publication of rules specific to website accessibility since lawsuits had begun to pop up across the country.  The decision to withdraw any rulemaking on website accessibility meant a huge increase in the number of lawsuits.  Without firm guidance by the DOJ, attorneys have been left to fight it out in court costing tens of thousands of dollars for each lawsuit.

 

Bottom line: If you have a firm website you need to comply with current accessibility guidelines (WCAG), or you could get sued.  The lack of government-issued compliance standards for private business websites will not exempt you from lawsuits.

 

Understanding and Meeting WCAG

Website accessibility boils down to making your website accessible to all users including those that have a physical or mental impairment.  WCAG 2 is broken down into four broad Principles: Perceivable, Operable, Understandable, and Robust (POUR).  There are three levels of compliance: Level A, Level AA, and Level AAA.  All law firm websites should try to achieve Level AA compliance or better. Your website developer should be able to walk you through the Web Content Accessibility Guidelines and how to bring your law firm website into compliance.  You do not have to sacrifice SEO friendly images and videos to make your website accessible.  You just have to follow the guidelines for non-text and time-based media such as providing captions and text alternatives.

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Benefits of an Accessible Website

Not only can an accessible website save you from a lawsuit, but it can also bring you more clients, increase your search engine rankings and improve the user interface component of your website for all of your firm’s clients.  One of the key components to come out of website accessibility lawsuits is the unavoidable nexus between the brick-and-mortar storefront and a business’s website.  In Gil v. Winn Dixie Stores, Inc. the court found that the grocery store’s website was inaccessible to the visually impaired and ruled that “where a website is heavily integrated with physical store locations and operates as a gateway to the physical store locations… the website is a service of public accommodation and is covered by the ADA.”

 

If you have a website, all users should be able to use it without interference.  Law firm websites should be able to interface with screen readers such as JAWS and be easily navigable.  Failure to comply with these regulations could cost you tens of thousands.  If your website can be found on Google, you need to make sure that it can be accessed by all potential clients.

 

Getting Started with Website Accessibility

Amicus Media Group prides itself on being at the forefront of ADA accessible websites.  We will work with you to produce a comprehensive ADA policy for your website.  We will help you bring your website into compliance with WCAG 2.0 Level AA standards by running a web accessibility evaluation tool that can determine problem areas.  Accessible design is the now and the future.  Amicus will help your firm stay on top of website accessibility standards to create an enhanced user experience for all potential clients no matter what hurdles they may have.

 

 

This blog post does not contain legal or financial advice. Author and publisher disclaim any and all warranties, liabilities, losses, costs, claims, demands, suits, or actions of any type or nature whatsoever, arising from or any way related to this blog, the use of this blog, and/or any claim that a particular technique or device described in this blog.

 

 

 

[1] https://www.adatitleiii.com/2018/07/website-access-and-other-ada-title-iii-lawsuits-hit-record-numbers/