Many members of the business community opposed the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive." The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA "a disaster for small business." Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities.
There are several phases to go through to make a website ADA accessible. First, it is important to have your existing website evaluated for ADA accessibility. Have this evaluation done by a company that specializes in ADA compliance for lodging properties. Most existing websites will not pass a detailed ADA evaluation. Depending on the results of your professional ADA inspection, you will either have to make necessary changes to your existing website, or have it redesigned to meet ADA accessibility guidelines.
“Any business that is considered a “place of public accommodation” is required to provide equal access to services under the nondiscrimination requirements of Title III of ADA. When you look at the guidelines closely, this includes hotels, entertainment venues, legal and accounting firms, retail stores, and virtually every business that is not a private club, including businesses that exist solely on the web.” (Read full article.)
What’s in store for 2018? If the Ninth Circuit upholds the Domino’s district court’s dismissal on due process grounds, the number of California website accessibility lawsuits in federal court may go down dramatically. Even if that occurs, we see no end to the website accessibility lawsuit surge elsewhere and expect that new plaintiffs’ firms will continue to enter the scene. While the current administration’s DOJ is not likely to push the website accessibility agenda, its inaction will not stop the lawsuits. Only an amendment to the ADA can do that, which we believe is highly unlikely. Thus, the best risk mitigation effort for covered entities is still to make their websites accessible as soon as possible, with the assistance of ADA Title III legal counsel experienced in website accessibility issues and reputable digital accessibility consultants.
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.
Spector v. Norwegian Cruise Line Ltd. was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation it was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.