The statement that “noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA” is new and significant.  It is a recognition that a website may be accessible and usable by the blind without being fully compliant with the privately developed Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1.  The statement confirms what some courts have said so far:  That the operative legal question in a website accessibility lawsuit is not whether the website conforms with WCAG, but whether persons with disabilities are able to access to a public accommodation’s goods, services, and benefits through the website, or some alternative fashion.
As a web developer, Ryan's work is what makes the magic happen. He spends most of his time creating custom websites, which involves turning the designers' visual mockups into code. It's lucky that he's such a good problem solver, because many of Ryan's projects involve working with clients to create complex custom functions. He's also one of the few developers in the country with extensive experience developing for the HubSpot CMS.

DOJ’s September 25 response did not do what the members asked, but it did provide some helpful guidance and invited Congress to take legislative action to address the exploding website accessibility litigation landscape. DOJ first said it was “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA.” (This is helpful – to at least know this issue has not fallen totally off DOJ’s radar.) It continued:
The ADA guidelines are often updated so that businesses can better understand how various disabilities can affect the way that people will interact with websites and digital content. The guidelines also explain why certain barriers can prevent disabled individuals from using or even accessing a website. With these goals in mind, it is important to note that organizations need to review the guidelines on a yearly basis. New technologies, such as Artificial Intelligence10, are being used to help people with disabilities get the most out of the digital world. If organizations fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.
The Americans with Disabilities Act (ADA) was first passed in 1990. Twenty years later, the US Department of Justice released an update called the 2010 ADA Standards for Accessible Design. These standards cover the design of physical spaces and have been interpreted to include web locations as well, so it can be difficult for the would-be accessible website designer to use them.
All public-facing websites should evaluate and consider compliance with ADA laws related to their industry. That is, your website should aim to be accessible to users with a disability. Failure to comply with this requirement can lead to potential legal issues and challenges, particularly in some industries. Fortunately for WordPress site owners, there are at least a dozen plug-ins specially designed to help you achieve greater measures of ADA compliance with minimal costs and work involved. The following are five options to consider to make your WordPress website ADA compliant.
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 (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.2 One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.
For close to seven years, since July of 2010, the United States Department of Justice (DOJ) has talked about issuing regulations specifically about web accessibility. At that time the US Department of Justice (DOJ) began developing accessibility guidelines for public websites under Title III of the Americans with Disabilities Act (ADA). On December 26, 2017, the Department announced that those regulations were officially withdrawn.
If your hotel used responsive web design when creating your online marketing strategies, you’re already meeting many of the ADA compliant regulations for hotel websites. You will still need to make some changes, but you definitely have a head start. Making the changes now, before your business is the target of a lawsuit or government action, makes good business sense.   
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.

However, this doesn’t mean you should ignore ADA or web accessibility. What we do know, is that all websites should be given a good-faith-effort of becoming easily accessible. This should be the case for any user who may wish to browse your website, regardless of their disability of type of impairment. They deserve it. Making your website accessible benefits an array of individuals and businesses.


As we reported in June, 103 members of the House of Representatives from both parties asked Attorney General Jeff Sessions to “state publicly that private legal action under the ADA with respect to websites is unfair and violates basic due process principles in the absence of clear statutory authority and issuance by the department of a final rule establishing website accessibility standards.” The letter urged the Department of Justice (DOJ) to “provide guidance and clarity with regard to website accessibility under the … ADA.”


All of that was well and good in 1990, when the then-nascent Internet was not the ubiquitous presence in the lives of Americans that it is today. For example, retail shopping in-person at a mall in 1990 was booming, unlike today where online shopping has completely changed the game for retailers. As time and technologies evolved however, the Department of Justice (DOJ), the entity charged with enforcing the ADA, hinted but never definitively stated that Title III may indeed be applicable to websites.
Leading web developers have been pioneering accessibility and publishing standards since 1994. In 1999, the Web Accessibility Initiative (WAI) and the World Wide Web Consortium (W3C) created the Web Content Accessibility Guidelines (WCAG). In essence, the people who determine how the internet is written came together to advise web developers on how to make websites accessible not only to people with disabilities, but to all web users, including those with highly limited devices.
However, this doesn’t mean you should ignore ADA or web accessibility. What we do know, is that all websites should be given a good-faith-effort of becoming easily accessible. This should be the case for any user who may wish to browse your website, regardless of their disability of type of impairment. They deserve it. Making your website accessible benefits an array of individuals and businesses.
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."
All of that was well and good in 1990, when the then-nascent Internet was not the ubiquitous presence in the lives of Americans that it is today. For example, retail shopping in-person at a mall in 1990 was booming, unlike today where online shopping has completely changed the game for retailers. As time and technologies evolved however, the Department of Justice (DOJ), the entity charged with enforcing the ADA, hinted but never definitively stated that Title III may indeed be applicable to websites.
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