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.


Another important consideration is that the ADA does not allow businesses to simply provide an alternative such as a phone number. Lastly, include accessibility issues as part of your website and mobile strategy. When new technologies are implemented or pages added, part of the process should include the implications for persons with disabilities. 
Tenon assists by creating reports of evaluation results and automatically checks single web pages, groups of web pages or web sites, as well as password protected or restricted pages. Report formats are HTML, XML, CSV, and JSON. The authoring tools involved are Adobe Dreamweaver, Microsoft Visual Studio, and Sublime Text. Tenon is an online service, being an online checker, hosted service and server installation. Licenses are commercial or enterprise, but you can also test the program through a trial or demo version.
Talk to your web designer about other techniques that will make your site more user-friendly for people with disabilities. Worried that’s not in your budget? Consider the fact that DOJ fines start at $75,000. And it's still yet to be determined if a non-compliant website is liable for one fine or will be charge per page for each violation. As the recent lawsuits illustrate, though, settlements quickly add up into the millions.

DYNO Mapper is a sitemap generator that checks the web accessibility of websites and online applications. DYNO Mapper includes content inventory and audit, as well as daily keyword tracking. Results are displayed within visual sitemaps to allow for easy and efficient project discovery and planning. Version 1.0 was released on December 1, 2014. Version 2.0 was released on May 22, 2018, and included a Visual Accessibility Tester that shows issues visually in your browser. Version 3.0 was released on March 12, 2019, with Authentication capability for testing private websites and online applications as well as monitoring and notifications. Guidelines covered include WCAG 2.1 — W3C Web Content Accessibility Guidelines 2.1, WCAG 2.0 — W3C Web Content Accessibility Guidelines 2.0, WCAG 1.0 W—3C Web Content Accessibility Guidelines 1.0, Section 508, U.S. federal procurement standards, Stanca Act, BITV, Italian accessibility legislation, and German government standards. The program assists by automatically checking groups of pages or sites, including those that are restricted or password protected, and generating reports of assessment results. Supported formats include CSS, HTML, and XHTML. Licenses are available for individuals, organizations, or enterprise.
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.
You can use the online WAVE tool by entering a web page address (URL) in the field above. WAVE Firefox and Chrome extensions are available for testing accessibility directly within your web browser - handy for checking password protected, locally stored, or highly dynamic pages. We also have a WAVE Runner service, subscription WAVE API and a stand-alone WAVE API for easily collecting data on many pages. If you need enterprise-level reporting and tracking of accessibility, WAVE powers the Pope Tech accessibility tool.
ADA website compliance is about making sure that everyone has equal access to all the elements on your website and apps. That may mean you need to provide alternatives for some of the functions and content on your site in order to meet ADA website compliance standards. Here’s a quick rundown of some of the accommodations that need to be incorporated into your website to meet the ADA guidelines:

An example is Patagonia Works, Inc. which had a complaint for a permanent injunction filed against it in the United States District Court stating, Under Section 302(b)(1) of Title III of the ADA, it is unlawful discrimination to deny individuals with disabilities an opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages or accommodations, which is equal to the opportunities afforded to other individuals. 42 U.S.C. 12182 (b)(1)(A)(ii). Below is a summary of what the lawyers asked the court for.


Justin is the founder of UsabilityGeek and has extensive experience with creating usable and memorable online experiences. He is primarily a consultant specialising in several core areas. Justin is also a visiting lecturer with the University of Hertfordshire and an expert reviewer at Smashing Magazine. You can reach out to him via his LinkedIn Profile.
In response to the members’ concern about the proliferation of website litigation lawsuits, DOJ said:  “Given Congress’ ability to provide greater clarity through the legislative process, we look forward to working with you to continue these efforts.”  DOJ is essentially putting the ball back in the Congressional court, where little is likely to happen.
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