Until only a few years ago, I would have stated that the Americans with Disabilities Act (ADA) had nothing to do with web accessibility. However, the landmark case against Target has altered the landscape.
Part 36 of the ADA refers to “nondiscrimination on the basis of disability by public accommodations and in commercial facilities”. A quick look at the published “standards for accessible design” makes the intended focus of this law clear: the document is entitled “ADA Accessibility Guidelines for Buildings and Facilities”, and calls out the need for ramps and wide aisles.
As a result, web developers haven’t worried too much about the applicability of the ADA. The lawsuit raised against Target in 2006 changed all that, however.
It was deemed that ADA applied due to the cross-channel integration of the online and in-person experience. It was services like “buy online, pick up in-store” that put Target at risk—users of assistive technologies could not take advantage of this service.
A very significant consideration is that unlike WCAG or Section 508, there are no clear “ADA Web Accessibility Standards” to follow. This is about actually ensuring equal access, not fulfilling a checklist. This makes it arguably a much more daunting initiative.
However, this is not to say that every online retailer or service provider needs to be concerned with such a lawsuit. Rather, it was the blurring line between the online and physical spaces that made them vulnerable. While it would be ideal to optimize the entire online experience for disabled users, at the very least accommodations can be made to ensure that any experiences that extend to the physical location (where accessibility is required) also do so online.
“This doesn’t mean that the ADA applies to all Web sites, but on the other hand, if there’s a bricks-to-clicks type of business and there is some integration of the experience between the two, I think the court is saying that those sites need to comply with the ADA”
- Eric Goldman, assistant professor and director of the High Tech Law Institute at the Santa Clara University School of Law.
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{ 3 comments… read them below or add one }
There is currently some discussion that will hopefully redefine aspects of the ADA relevant to online experiences. As you mention, it really comes down to how “public accommodation” is interpreted. From a legal standpoint, it benefits users with disabilities much more if the language is very specific to websites and digital media.
http://webaim.org/blog/update-on-the-ada/
http://anikto.com/wordpress/?p=26
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Ah, thanks very much for the additional information!
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Thanks for the article (and nice web site too). Hopefully the ADA and Section 508 will be updated soon. PS: The links for WCAG and Section 508 are incorrect.
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