HTML tags – specific instructions understood by a web browser or screen reader. One type of HTML tag, called an “alt” tag (short for “alternative text”), is used to provide brief text descriptions of images that screen readers can understand and speak. Another type of HTML tag, called a “longdesc” tag (short for “long description”), is used to provide long text descriptions that can be spoken by screen readers.

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.
Peter is Founder and CEO of Blue Interactive Agency, a full service digital marketing agency. With a passion for online marketing, Peter enjoys analyzing digital strategies and offering his unique view on how effective they are. Having a track record of successfully commercializing digital properties, Peter is always looking for the next challenge to help a company succeed online. In his spare time, Peter maintains a personal blog which focuses on his gastronome adventures.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.

HTML tags – specific instructions understood by a web browser or screen reader. One type of HTML tag, called an “alt” tag (short for “alternative text”), is used to provide brief text descriptions of images that screen readers can understand and speak. Another type of HTML tag, called a “longdesc” tag (short for “long description”), is used to provide long text descriptions that can be spoken by screen readers.

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.
This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
AMP generates reports of evaluation results and provides users step-by-step evaluation guidance. The report format is in HTML. AMP is an online checker, hosted service and server installation. The program automatically checks groups of web pages, websites or single web pages, as well as password protected or restricted pages. Browser plugins include Firefox, Internet Explorer 8, and Internet Explorer 9. Suggest formats are PDF documents, CSS, HTML, XHTML, PDF, XML Javascript, AJAX, and ARIA. The most recent version was released on June 1, 2004. License include both enterprise and commercial.
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.

While legal considerations might be your biggest worry, making your site more accessible is simply good customer service. More than 39 million Americans are blind and another 246 million have "low vision," Another one million are deaf in the U.S. Add to that people with mobility issues that prevent them from using their hands and that's a huge portion of the country's buying power.
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.

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.


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.

You may have installed a ramp, increased the width of your door frames, or made other accommodations to ensure that your physical premises are accessible to all. The requirement for equal access used to only apply to physical locations and storefronts, but now the government is actively ensuring that the requirements for ADA accessibility include online properties such as websites and mobile apps.
(emphasis added). The fact that public accommodations have “flexibility” in how to comply with the ADA’s effective communication requirement has been lost in the past eight years, even though DOJ made this point in its 2010 Advanced Notice of Proposed Rulemaking (ANPRM) for websites.  In that document, DOJ stated that a 24/7 staffed telephone line could provide a compliant alternative to an accessible website.  The few courts to have considered this argument in the context of an early motion to dismiss have recognized its legitimacy, but have allowed cases to move forward into discovery on this and other issues.  There have been no decisions on the merits addressing the viability of having a 24/7 telephone option in lieu of an accessible website.
A simple Google Search for “Accessibility Tools” yields a number of lists and collections of tools. I could have very easily copied one or two such lists and voila, I have a new post. But, I wanted to add a personal touch to this post by writing about the tools I use in my daily job. I was surprised by the number of broken links in the lists I visited – most of them linking to obsolete Accessibility Tools such as Bobby – some with links to the old 1995 website!

People with disabilities that affect their sight, hearing, or mobility may have difficulty accessing certain parts of websites and other online properties unless certain accommodations are made. Just as businesses may need to make adjustments to their physical location so that disabled customers have easy access to the premises, companies may need to adjust certain aspects of their websites so individuals with disabilities can take full advantage of all the features and services.
(emphasis added). The fact that public accommodations have “flexibility” in how to comply with the ADA’s effective communication requirement has been lost in the past eight years, even though DOJ made this point in its 2010 Advanced Notice of Proposed Rulemaking (ANPRM) for websites.  In that document, DOJ stated that a 24/7 staffed telephone line could provide a compliant alternative to an accessible website.  The few courts to have considered this argument in the context of an early motion to dismiss have recognized its legitimacy, but have allowed cases to move forward into discovery on this and other issues.  There have been no decisions on the merits addressing the viability of having a 24/7 telephone option in lieu of an accessible website.
People with disabilities that affect their sight, hearing, or mobility may have difficulty accessing certain parts of websites and other online properties unless certain accommodations are made. Just as businesses may need to make adjustments to their physical location so that disabled customers have easy access to the premises, companies may need to adjust certain aspects of their websites so individuals with disabilities can take full advantage of all the features and services.
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.
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