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2016 Legal Update on Digital Accessibility Cases


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Digital access is a civil right, and there is a lot happening in the legal space. Court decisions, government agency activity, and private party settlements are defining best practices and the scope of digital accessibility requirements. Organizations across industries need to be aware of these developments to better understand their legal obligations.

This webinar will be presented by Lainey Feingold, a nationally recognized disability rights lawyer and pioneer of Structured Negotiation known for negotiating landmark accessibility agreements. Lainey’s book, Structured Negotiation: A Winning Alternative to Lawsuits, is now available from the American Bar Association (link in bio, below). Her presentation will analyze key cases, government agency activity, settlements, and other developments in digital accessibility through September 2016.

This presentation will cover:

Legal requirements impacting web accessibility
Updates on major digital access court cases, regulations and settlements in 2016
How the law is impacting accessibility in fields as diverse as finance, education, voting, healthcare, employment, and transportation.
U.S. Department of Justice and Department of Education activity in digital access
Best practices for digital accessibility as defined by major settlements
The legal horizon for web and mobile accessibility

Published in: Technology
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2016 Legal Update on Digital Accessibility Cases

  1. 1. 1 2016 Legal Update on Digital Accessibility Cases Lainey Feingold Disability Rights Lawyer LFLegal @lflegal twitter: @3playmedia live tweet: #a11y  Type questions in the window during the presentation  Recording of presentation will be available for replay  To view live captions, please click the link in the chat window Lily Bond (Moderator) 3Play Media Director of Marketing
  2. 2. OLC Workshops of Interest to You Special discounts available for OLC Members! November 7 - 13, 2016 – Fundamentals: ADA and Web Accessibility
  3. 3. Digital Accessibility Legal Update ~~~ 3PlayMedia Webinar LAINEY FEINGOLD |@LFLEGAL LFLEGAL.COM | 9.29.2016
  4. 4. More information Details from this presentation, including links to cited materials can be found at: [Join email list for updates]
  5. 5. Who are You Listening to?
  6. 6. Lainey’s Book []
  7. 7. This is the Fine Print Only recent developments General information Not legal advice
  8. 8. THEMES
  9. 9. Theme 1: Law is kept…..
  10. 10. Theme 2: A11Y is…. A civil right
  11. 11. US Department of Justice
  12. 12. Champion
  13. 13. Why? DOJ says ADA covers web DOJ investigates web barriers DOJ goes to court for web #a11y
  14. 14. Regulations (DOJ)
  15. 15. State & Local Government Websites Comments due October 7  webcomment
  16. 16. “the Department has taken the position that title II covers Internet Web site access.”
  17. 17. “the Department believes that Level AA conformance is the most appropriate standard.”
  18. 18. Bookmark This!
  19. 19. So do ADA Web Regs Matter? – Yes (and No) No more excuses Heighten profile Eliminate lawyers!
  20. 20. Regulations (other)
  21. 21. Private Advocacy
  22. 22. Right to Healthcare Info Rite Aid | Humana Kaiser | Sutter HHS | Medicare ….and
  23. 23. Right to Healthcare Info New ACA regs MA Healthcare Kiosk settlement
  24. 24. Right to Financial Info Mortgage Information SF Credit Union + Vendor Bank Websites / demand letters
  25. 25. Right to Work Reyazuddin Trial GSA Vendor Site
  26. 26. Right to Learn Dept of Education settlements Harvard / MIT Captioning case NJ Community College DOJ UC Berkeley investigation Law suit against Bar Prep course
  27. 27. Bookmark This!
  28. 28. Right to Read Scribd NFB / Amazon partnership
  29. 29. Right to Government Services 9-1-1 services NYC web access law Online gov’t job applications
  30. 30. Right to Restaurant Info Denny’s Structured Negotiation Sweetgreen’s Lawsuit
  31. 31. Right to Entertainment Info Netflix Audio Description
  32. 32. Right to Transportation Information Houston METRO Suit on behalf of deaf/blind riders Austin Ride-sharing suits
  33. 33. Right to Vote Maryland Ohio California counties New York
  34. 34. Making Access Stick
  35. 35. Agreements require. . . Web and Mobile WCAG 2.0 AA Web Accessibility Coordinator Independent consultant Train all staff Add to performance evaluations Post a policy Homepage AIP Use a testing tool Usability Testing
  36. 36. New Players
  37. 37. Pending Lawsuits NBA | Outback Steakhouse Ugg Boots | Brooks Brothers Mazzio’s | BMI/BND Travelware Hard Rock Café …..
  38. 38. Questions??
  39. 39. Stay Up to Date @LFLegal on Twitter Join my email list:  DOJ’s ADA page []
  40. 40. 41 Presenters Lainey Feingold LFLegal @lflegal Lily Bond (Moderator) 3Play Media Q&A Upcoming Webinars:  Oct 12: National Research Results – How Colleges Nationwide Are Handling Captioning  Oct 20: The ADA’s Application to Modern Technology  Nov 3: Copyright Made Simple for Digital Educators  Nov 30: Research Results – How & Why Student Sub- Groups Are Using Captioning You can register for these free webinars at: Please type your questions into the window in your control panel. A recording of this webinar will be available for replay.