Thanks for writing. While I’m not a lawyer I believe if your physical practice is ADA exempt your web presence, as an extension of that physical business would maintain the same exemption status. If you’d like to be absolutely certain I’d confer with an ADA lawyer (email us, questions at yokoco dot com if you need a referral) but I don’t believe you have reason to worry.

There have been some notable cases regarding the ADA. For example, two major hotel room marketers (Expedia.com and Hotels.com) with their business presence on the Internet were sued because its customers with disabilities could not reserve hotel rooms, through their websites without substantial extra efforts that persons without disabilities were not required to perform.[58] These represent a major potential expansion of the ADA in that this, and other similar suits (known as "bricks vs. clicks"), seeks to expand the ADA's authority to cyberspace, where entities may not have actual physical facilities that are required to comply.
For most businesses, the need for ADA web compliance means they will need to make at least some adjustments to all of their online marketing strategies. For instance, if your company provides tax preparation services, all of the tax forms you provide for customers to download would need to meet accessibility standards. Any online tax preparation services that you offer would also need to be configured so they meet ADA standards, as would your mobile app.
For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
While the influx of the dot.com world eliminated the need for brick-and-mortar locations for all stores (think eBay or Amazon), all of the above categories typically had a headquarters, if not multiple locations where one could visit and interact.  This would ensure a unique experience, often depending on the individual needs of the visitor. For instance, when visiting a municipal building or institute of learning, a variety of methods are available to get to higher floors (stairs, elevators, ramps and escalators).

Handy is the leading platform for connecting individuals looking for household services with top-quality, pre-screened independent service professionals. From home cleaning to handyman services, Handy instantly matches thousands of customers every week with top-rated professionals in cities all around the world. With a seamless 60-second booking process, secure payment, and backed by the Handy Happiness Guarantee, Handy is the easiest, most convenient way to book home services.
Courts have taken essentially the following position on the issue of whether websites are places of public accommodation: Website accessibility fulfills the spirit of the ADA by lowering the barriers for people with disabilities to participate in business and commerce. As such, commercial websites need to comply with ADA regulations. Judges have reached this conclusion in several high-profile cases, such as the National Federation of the Blind’s lawsuit against the Scribd digital library. As a result of this case, Scribd agreed to redesign its website to work with screen reader software by the end of 2017.

Technology is changing, and many website designers are using creative and innovative ways to present web-based materials. These changes may involve new and different access problems and solutions for people with disabilities. This Chapter discusses just a few of the most common ways in which websites can pose barriers to access for people with disabilities. By using the resources listed at the end of this Chapter, you can learn to identify and address other barriers.
If you return your availability by room type your our online booking engine must also display and hold accessible rooms only for people with disabilities until all other rooms have been booked. (Rule becomes effective March 15, 2012.)  If you return your availability by individual units you do NOT have to hold ADA rooms back until all other units have been reserved.  However, all other ADA regulations do apply (ADA room descriptions, using a booking engine that is ADA compliant, and making your website ADA accessible).
Handy is the leading platform for connecting individuals looking for household services with top-quality, pre-screened independent service professionals. From home cleaning to handyman services, Handy instantly matches thousands of customers every week with top-rated professionals in cities all around the world. With a seamless 60-second booking process, secure payment, and backed by the Handy Happiness Guarantee, Handy is the easiest, most convenient way to book home services.
Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However, the requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether the swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions.[21]
UPDATE: Since writing this post in August 2017, several important changes have taken place in the laws regarding ADA compliance for websites. On December 26, 2017, the Department of Justice announced that they have withdrawn the Obama-era Advance Notice of Proposed Rulemaking mentioned in this article which intended to require ADA website compliance. The DOJ’s withdrawal announcement stated, “The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.”
In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988. The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush. It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.[3]

“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.)
Tennessee v. Lane[80], 541 U.S. 509 (2004), was a case in the Supreme Court of the United States involving Congress's enforcement powers under section 5 of the Fourteenth Amendment. George Lane was unable to walk after a 1997 car accident in which he was accused of driving on the wrong side of the road. A woman was killed in the crash, and Lane faced misdemeanor charges of reckless driving. The suit was brought about because he was denied access to appear in criminal court because the courthouse had no elevator, even though the court was willing to carry him up the stairs and then willing to move the hearing to the first floor. He refused, citing he wanted to be treated as any other citizen, and was subsequently charged with failure to appear, after appearing at a previous hearing where he dragged himself up the stairs.[81] The court ruled that Congress did have enough evidence that the disabled were being denied those fundamental rights that are protected by the Due Process clause of the Fourteenth Amendment and had the enforcement powers under section 5 of the Fourteenth Amendment. It further ruled that "reasonable accommodations" mandated by the ADA were not unduly burdensome and disproportionate to the harm.[82]
Predictable: Websites should operate in ways that are familiar and predictable. When a new page element is in focus, the website should not initiate a change of context such as opening a new window or going to a new page. In addition, the website should warn of user-initiated changes of context ahead of time, for instance through the use of a submit button. Navigation and labeling should remain consistent between different pages.
Hey Casey, this is one of the areas where things get a little weird because the W3 doesn’t actually have any say over the ADA guidelines, it is more than the ADA guidelines adopted the WCAG 2.0 guidelines as just that, a guideline to help. As far as I know, the tool you’ve linked to hasn’t been used in any judgements I’m aware of. Usually when it comes down to making a decision on if something is/isn’t compliant they have people use the actual PAWS tools and show what elements do/don’t work as intended or are otherwise inaccessible. Hope this helps!
The Department of Justice may file lawsuits in federal court to enforce the ADA Compliance, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation of ADA Compliance.
For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
Recent years have seen an uptick in federal lawsuits filed against businesses and governments, alleging that their website violates the ADA by being insufficiently accessible to people with disabilities. In 2017, there were at least 814 such lawsuits against organizations in a variety of industries, from banks and credit unions to restaurants and e-commerce websites. The defendants include small businesses as well as major corporations such as Nike, Burger King, and the Hershey Company.
If you return your availability by room type your our online booking engine must also display and hold accessible rooms only for people with disabilities until all other rooms have been booked. (Rule becomes effective March 15, 2012.)  If you return your availability by individual units you do NOT have to hold ADA rooms back until all other units have been reserved.  However, all other ADA regulations do apply (ADA room descriptions, using a booking engine that is ADA compliant, and making your website ADA accessible).
When the Americans with Disabilities Act became law in 1990, modern communications technologies such as the Internet were still in their infancy. The past few decades, however, have seen the rise of new channels such as websites and mobile applications, raising questions about the ADA’s original mission to make U.S. society more accessible to people with disabilities.
The Department of Justice’s revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 (ADA) were published in the Federal Register on September 15, 2010. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design, "2010 Standards." On March 15, 2012, compliance with the 2010 Standards was required for new construction and alterations under Titles II and III. March 15, 2012, is also the compliance date for using the 2010 Standards for program accessibility and barrier removal.
Government Code §11546.7 – The requirement that state agency heads certify, every two years, that their agency’s website meets the Web Content Accessibility Guidelines, Version 2.0 or a subsequent version, at Level AA or higher, and the requirements of Sections 11135 and 7405 of the Government Code. Created by AB 434 (Baker, Chapter 780, Statutes of 2017), and sometimes referred to as AB 434.
Hey OB – Disclaimer – none of this is legal advice and you’d want to check with a lawyer to know if you’re at risk for any action if you’re not ADA compliant. Based on what we’ve seen if you don’t have a physical retail or service location, and you don’t receive any funding from the government you likely aren’t required to have a website that would be considered compliant. Some people expect that to change in the next few years, but that’s what we know for now. Let us know if you have more questions or would like to test your site.
People with disabilities are all around us. They live in every country and often experience life in a very different manner than those individuals who don’t have emotional, mental, or physical disabilities. In fact, 15 percent of the global population is classified as disabled. Of this 15 percent, an estimated 190 million people experience significant disabilities.¹

I recently finished a training in ADA compliance for websites. It was illuminating and daunting, as I realizated that there’s a lot of work to be done. It also reiterated—in no uncertain terms—a gospel I’ve been preaching for several years now. Sites need to be accessible for everyone on every platform. Previously I was just focusing on responsive sites (sites that reformat for the device used, such as a phone or tablet.) Since responsive sites are de rigueur these days, I’d like to focus on your site’s accessibility…can it be accessed by people with disabilities? This includes screen readers and other technology. It’s not just a nice thing, it’s a civil law.
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.
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