ADA Website Compliance – Is Your Business Up to Date?

By Tyler Eubank and Sara Engemann The Americans with Disabilities act, signed into law in 1990, could not have possibly predicted the magnitude with which the internet would impact the daily lives of Americans. What once could only be accomplished in a brick-and-mortar location, like seeing a doctor or grocery shopping, can now be done completely online and from anywhere in the world. As a website could be considered a “public accommodation” under the ADA, the accessibility of websites is a new frontier in ADA litigation. For the time being, courts disagree about the standards under the ADA, with some circuits requiring stricter standards than others. As a result, the rules may differ from state to state or jurisdiction to jurisdiction. Under certain standards, an accessible website: (1) does not include flashing graphics that could induce seizures, (2) includes text descriptions of all images so that the images can be described by a screen reader, and (3) allows the site to be navigated via keyboard alone, allowing users that cannot grip or operate a mouse to access the site, to name a few. The ADA has already bred “drive-by ADA lawsuits” where a business receives an ADA complaint and then a nearly instant demand for payment of attorney’s fees related to the alleged…