Legal precedent is changing, and ADA compliance related lawsuits are becoming more successful, and the courts are seeing more of them as a result. Title III of the Americans with Disabilities Act pertains to private sector businesses. Lately, those protections are more frequently expanding into digital territory as web and mobile applications become more necessary in our day-to-day lives.
The Americans with Disabilities Act of 1990 or ADA (42 U.S.C. § 12101) is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964,[1] which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.[2]

It is the sincere hope of Pax’s handler that this guide will be useful in improving the understanding about service animals, their purpose and role, their extensive training, and the rights of their handlers to travel freely and to experience the same access to employment, public accommodations, transportation, and services that others take for granted.


Service animals in public schools (K-12)13 – The ADA permits a student with a disability who uses a service animal to have the animal at school.  In addition, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act allow a student to use an animal that does not meet the ADA definition of a service animal if that student’s Individual Education Plan (IEP) or Section 504 team decides the animal is necessary for the student to receive a free and appropriate education.  Where the ADA applies, however, schools should be mindful that the use of a service animal is a right that is not dependent upon the decision of an IEP or Section 504 team.14
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 noticed that the law refers to federal agencies, so you might be thinking, “Well, this a federal issue -- how does this relate to a private business website, or how am I affected by this law?” Websites are now considered public entities since any user can access them via a computer or any other device. Think of this as a building requiring wheelchair-accessible ramps. The same basic principle applies to websites or any other technology.


A. It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog's mere presence provides comfort, that would not be considered a service animal under the ADA. 

In an August 2016 case involving the University of California Berkeley, the DOJ ruled that the public university was in violation of ADA Title II (similar to Title III but it instead applies to government organizations) because their YouTube channel’s videos didn’t include captions for hearing impaired visitors. The DOJ found this to violate the ADA as deaf users did not have equal access to the online content.
Many people may not know that ADA compliance extends to websites now. Your website, of course, isn't discriminating based on not having an elevator or ramp, but it may not be using appropriate colors, fonts and file types. Hard-to-see colors and fonts can discriminate against people with visual impairments, as can certain file types that don't allow computers to read text out loud for those who need such an accommodation. Read on to learn more about how the ADA may affect your business and how you can test your website for compliance.
More than 1 billion people live with disabilities; over 57 million reside in the United States, many of whom are unable to participate in everyday activities, such as using computers, mobile phones, tablets, and similar technologies. Devices that should help to improve quality of life for disabled individuals often become a source of frustration due to the inaccessibility of websites. By making your website ADA compliant, you will gain a new and loyal revenue source, and minimize the possibility of legal action against your company.
Emotional support animals, therapy animals, and companion animals are seldom allowed to accompany students in public schools. Indeed, the ADA does not contemplate the use of animals other than those meeting the definition of “service animal.”  Ultimately, the determination whether a student may utilize an animal other than a service animal should be made on a case-by-case basis by the IEP or Section 504 team.
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.
A. No.  Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed, unless the dog poses a direct threat to the health or safety of others.  Under the “direct threat” provisions of the ADA, local jurisdictions need to determine, on a case-by-case basis, whether a particular service animal can be excluded based on that particular animal’s actual behavior or history, but they may not exclude a service animal because of fears or generalizations about how an animal or breed might behave.  It is important to note that breed restrictions differ significantly from jurisdiction to jurisdiction.  In fact, some jurisdictions have no breed restrictions.
Service animals in public schools (K-12)13 – The ADA permits a student with a disability who uses a service animal to have the animal at school.  In addition, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act allow a student to use an animal that does not meet the ADA definition of a service animal if that student’s Individual Education Plan (IEP) or Section 504 team decides the animal is necessary for the student to receive a free and appropriate education.  Where the ADA applies, however, schools should be mindful that the use of a service animal is a right that is not dependent upon the decision of an IEP or Section 504 team.14

Motor/Mobility: Voice recognition software, touch screens, head/mouth wands, special switches, keyboard overlays, one-handed keyboards, oversized mouse or trackball are some of the tools a user with limited mobility may use, but for testers, all you’ll need is a traditional keyboard to test. Ensure that there is a logical tab order (left to right, top to bottom) and provide logical and standard keyboard commands. Tab through the site and visually see if the tabbing order is logical (usually known as OnFocus). If an element is skipped or the tabbing order doesn’t make sense to you as a tester, that could possibly be an issue of ADA compliance.
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.
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