The statement that “noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA” is new and significant.  It is a recognition that a website may be accessible and usable by the blind without being fully compliant with the privately developed Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1.  The statement confirms what some courts have said so far:  That the operative legal question in a website accessibility lawsuit is not whether the website conforms with WCAG, but whether persons with disabilities are able to access to a public accommodation’s goods, services, and benefits through the website, or some alternative fashion.
Seyfarth’s ADA Title III team consists of attorneys with extensive experience in ADA Title III litigation located in many offices across the United States, including California where plaintiffs are most active. With additional litigators admitted to practice in virtually every jurisdiction in the country, we have the resources to defend our clients against lawsuits and investigations on a nationwide basis and provide consistent and efficient service in national engagements. We have successfully defended against or resolved hundreds of lawsuits brought under Title III of the ADA and applicable state laws.
Furthermore, if your organization has developed a mobile app – as many companies have – to make it easier for customers to interact with your brand, then this, too, must be free of barriers in order to comply with the ADA. Online grocery delivery service Peapod and tax preparer H&R Block are two examples of companies that agreed, after ADA complaints were launched, to improve the accessibility of their mobile apps.
It isn’t a problem by default, a lot of it comes down to how it is built. I’d suggest either considering a highly accessible contingency option, or build those components in such a way that there is a level of accessibility baked into it. If you need help with that testing or review email us at questions at yokoco.com and we’ll be able to let you know the cost for us to lend a hand.

First, these lawsuits will be very easy for plaintiffs to work up. The plaintiffs do not need any site inspection, experts or research. They can just surf the web from the convenience of their homes or offices. Marty says the "surf by" complaints could dwarf the "drive by" ADA lawsuits that looked for missing accessible parking spaces and other readily visible shortcomings.
The A11Y Compliance Platform is offered through the Bureau of Internet Accessibility. The platform gives tools, reports and services to help companies and organizations maintain and defend the web site’s accessibility and integrity. The standards and guidelines that are used in this platform include Web Content Accessibility Guidelines, Section 508 and the Americans with Disabilities Act (ADA). How it works is each client is assigned a dedicated Client Manager who oversees their site. This manager takes on all aspects of the project, and this includes identifying the client’s specific needs and ensuring that milestones are met during the Audit. They offer dedicated attention to the company and serve as the experts who can help navigate them through the complex requirements. The most recent version, Version 5, Release 3.4 was released in November 2013. The platform generates reports of evaluation results, and the offered managers will help go through these results in a step-by-step fashion. The platform will automatically check single web pages as well as groups of web pages or websites. This is a web-based, online, hosted service, and licensing is available for commercial and enterprise. Supported formats include CSS, HTML, XHTML, SVG, PDF, Images, and SMIL.

Aloha Tatiana! I wish your questions had straightforward easy answers – and if you are government funded it kind of is. (See here: https://www.ada.gov/websites2_prnt.pdf) if you are not government funded, this is something that is currently being debated in the legal system. That being said, the WCAG 2.0 guidelines are a good set of guidelines to help protect yourself if you feel you should. (You can see more on WCAG here: https://www.yokoco.com/find-out-how-to-make-your-website-compliant/)

That’s good news if you are one of the many Americans who have a visual, hearing, or mobility disability that makes it difficult to access some information on the web. If you are a business owner who hasn’t made provisions to ensure that your website and other online assets are ADA compliant, you could be looking at a host of legal and financial penalties.
Enacted in 1990, this civil rights statute was created for the purpose of limiting discriminatory practices towards individuals with disabilities. This act and its amendments guarantee equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. Both public and private entities are affected by the ADA.
Your site would need to have a text only option, with all functionality accessible through a keyboard for visitors with mobility issues. Once you make these and other changes to meet ADA guidelines, your site would need to be tested by a website development company familiar with ADA compliance issues to be sure that visitors who use assistive technology such as screen readers are able to access your web content fully.

Website barriers weren’t on anyone’s radar when the ADA came into force in 1990. At that time, the Internet wasn’t an integral part of our day-to-day lives. Since then, however, the Department of Justice (DOJ) has made it clear that websites are nevertheless covered by this law. For instance, it has written: “Increasingly, private entities of all types are providing goods and services to the public through websites that operate as places of public accommodation under title III of the ADA. Many websites of public accommodations, however, render use by individuals with disabilities difficult or impossible due to barriers posed by websites designed without accessible features.”4


The web accessibility guidelines covered include WCAG 2.0—Section 508, W3C Web Content Accessibility Guidelines 2.0, and U.S. federal procurement standards. HTML CodeSniffer generates reports of evaluation results, giving the user step-by-step evaluation guidance and displaying information within the scanned web pages. It automatically reviews single pages specifically, including both restricted and password protected. The browser plugins supported include Google Chrome, Firefox, Internet Explorer 8, Internet Explorer 9, and Safari. The supported format is HTML, with the most recent version 2.0.3 being released on December 15, 2014. The license is open source, and the online service includes an online checker, hosted service and server installation.
Tools do exist that assist website developers in making their sites more accessible for those with disabilities. Browsers are also key in web accessibility. The challenge is designing a site and software that meets different users’ needs, preferences and situations. Web accessibility also can benefit those without disabilities, specifically those with a temporary disability such as a broken arm, aging, and slow Internet connections. The accessibility testing tool you should use depends on your site’s needs and budget among many other factors.
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.
The most recent version was released March 11, 2002. The guidelines covered include WCAG 2.0—W3C Web Content Accessibility Guidelines 2.0, Section 508, and U.S. federal procurement standards. The program generates findings of evaluation results, giving step-by-step evaluation guidance, exhibiting results and information within the page and altering the presentation of web pages. It checks single pages automatically, as well as websites or groups of pages, including those with password protected or restricted pages. Supported formats include CSS, HTML, XHTML, PDF documents, and Images. Licenses are available for commercial and enterprise purposes.
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