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Is Your Website Subject to
the ADA?
By: Adam Shapiro, Esquire
A recent federal court decision out of California
raises the question of whether your business’s
website must comply with the Americans with Disabilities
Act. The court, in National Federal of the Blind
v. Target, reasoned that because the website
was an ancillary service to Target’s retail
store that the website must comply with the ADA.
Left undecided was the question of whether or not
an online only business (with no brick and mortar
location) would be subject to the ADA, although
the court hinted that type of business might escape
the ADA’s requirements.
The plaintiffs, a group representing the blind
and several individual plaintiffs suing on their
own behalf, sued national retailer Target because
of coding issues with the website http://www.target.com
which prevented special “reader” software
used by the blind from fully making use of the
site. The court held that, to the extent that
customers used target.com as an ancillary service
to shopping in a brick and mortar retail store,
the website is in fact a “place of public
accommodation.” Since the ADA only applies
to entities deemed to be a “place of public
accommodation” this was a point Target had
contested and lost. However, the court did make
a distinction between informational use of the
site, and individuals who visit the website solely
to shop online with no intention of visiting a
retail store. In the later case, the ADA appears
not to apply.
Because this ruling was in response to a motion
to dismiss, there’s likely more litigation
to come. Still unanswered are the plaintiffs’
central claims of difficulty with the site, because
Target filed statements from other blind individuals
who claimed to have no trouble using target.com.
But this case should serve as warning to all businesses
with a presence on the internet to consider how
those with disabilities may interact with their
sites. Some elements, such as contrasting colors
for background and text, or font sizes large enough
to be easily read, are obvious issues that should
be fixed. These can also provide immediate business
advantages by making your site easier to use by
those with vision issues as well as many seniors.
A free online service, “Bobby”,
is available at http://webxact.watchfire.com/
to test the accessibility of your website. More
advanced evaluations can be purchased, but the
average web-savvy business owner should be able
to get a general idea of what works and what might
need to be fixed on their site from this service.
You don’t need a perfect score, because
the online ADA has the same requirement of “reasonable
accommodation” that applies to brick and
mortar stores and offices.
Finally, it’s important to remember this
ruling does not apply only to retail businesses.
Most business and professional offices are already
considered to be “places of public accommodation”
and their websites, which often provide information
and resources about the business, are more likely
to be considered ancillary to the physical office
than a website which also provides online retail.
Business owners are now presented with an opportunity
to capitalize on the uncertainty surrounding this
expansion of the ADA. By moving proactively now,
businesses can help set the standards for what
an online reasonable accommodation is, before
the government makes that determination for you.
If you have questions about whether the ADA applies
to your website, or about what changes are or
are not “reasonable accommodations”,
the attorneys at Danziger Shapiro & Leavitt
are available to provide you with guidance on
navigating these issues.
- Published November, 2006
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