3. ROY RUMANER
I have been working with IBM/Lotus Notes, Domino & XPages since 1994
(starting with v2.01 on OS/2 on a Novell Network).
Original member of the Lotus L-Team on CompuServe
Co-author: Special Edition: Using Lotus Notes & Domino 4.5 and Special Edition:
Using Lotus Notes & Domino 4.6
This is my 5th time presenting at MWLUG
I am currently working for Bank of America as an XPages Application
Development Team Leader
Previous clients include: Canal Barge Company, PNC Bank, ABN-AMRO, Teledyne,
Sierra Nevada Corp., Morey Corp, 4C Technologies, TeamSpace, Uline, Abbott
Labs, Tenneco, YMCA, McDonald’s and many more
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible3
4. AGENDA
• What is Accessibility?
• Why Does Accessibility Concern Me?
• What You Need To Do?
• How Do I Do It?
• Questions?
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible4
5. TERMS USED IN THIS PRESENTATION
• ACCESSIBILITY
The design of products, devices, services, or environments for people who experience
disabilities.
• ADA
The Americans with Disabilities Act
• WCAG 2.0
The Web Content Accessibility Guidelines
• SECTION 508
Part of a larger piece of legislation called The Rehabilitation Act of 1973.
• ARIA
A set of attributes that you can add to HTML elements
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible5
6. AGENDA
• What is Accessibility?
• Why Does Accessibility Concern Me?
• What You Need To Do?
• How Do I Do It?
• Questions?
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible6
7. DISABILITIES
In 2010, most studies found that about one Billion people (19% of the population) and 1
in 5 people in the US have some kind of disability. Not all of these people have disabilities
that make it difficult for them to access the internet, but it is still a significant portion of
the population.
The major categories of disability types are:
• Visual – Blindness, low vision, color blindness (39M Blind / 246M Low vision)
• Hearing – Deafness and hard of hearing (48M)
• Motor – Inability to use a mouse, slow response time, limited fine motor control (18.2M)
• Cognitive – Learning disabilities, distractibility, inability to remember or focus on large
amounts of information (6.5M)
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible7
8. ACCESSIBILITY
Accessibility is about ensuring ALL users have equal access to the content
of your website and applications regardless of how they access the page.
They may use:
• screen reading software which reads the page to the user
• magnification software that enlarges the screen
• speech recognition software that allows users to control your page with voice commands
• alternative input devices that mimic a standard keyboard
• refreshable braille displays which transform the content into braille
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible8
9. Can all people, regardless of any impairment,
interact with your content.
For instance:
• How does someone who cannot use a mouse interact with
your Web page?
• What if they cannot see?
• Does your site accommodate older populations and the
issues they face?
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible9
SO WHAT DOES IT MEAN TO DESIGN SOMETHING
SO THAT IT IS ACCESSIBLE?
10. According to the Monthly Labor Review, by 2020, one in five workers will be
older than 55 — an increase of more than 50 percent over 2000, when that age
group accounted for only 13 percent of the U.S. labor force.
As the baby boom generation ages, it is redefining the U.S. workforce. Many
studies have shown a growing tendency toward delayed retirement, yet there
still won’t be enough younger workers to replace all of those who do retire. As a
result, it will be imperative for businesses to have resources that can help them
recruit and retain older workers, and individual workers will need tools that can
help them keep their competitive edge at work despite age-related difficulties
and impairments.
As the U.S. workforce continues to age, the need for accessible technology as a
widespread and mainstream business resource will increase even more.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible10
MILLIONS OF AGING BABY BOOMERS CAN BENEFIT
FROM ACCESSIBLE TECHNOLOGY
11. August 14, 2017Website Accessibility - Why and how to ensure your website is accessible11
Created by “Adam@homes” Brian Basset for Microsoft campaign in support of aging workers.
12. To help you decide what to do there are laws
and standards which define:
• whose sites have to be accessible
• what type of content has to be accessible
• who needs to be able to access it
• how you determine what is and what is not accessible
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible12
13. ACCORDING TO THE ADA
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on
the basis of disability in places of public accommodation, including restaurants,
movie theaters, schools, day care and recreational facilities, and doctors’ offices.
All public places, as well as privately owned commercial facilities, are required to
comply with ADA standards.
The question of ADA’s exact wording comes down to two issues:
1) whether the ADA applies to a website at all, and
2) if ADA applies only to websites that have a physical connection to goods and
services available at a physical store or location, or if it applies to all websites
even if they don’t have physical spaces. (See Gil v. Winn-Dixie)
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible13
14. ACCORDING TO SECTION 508
Section 508 is part of a larger piece of legislation called The Rehabilitation Act of 1973. The
Rehabilitation Act prohibits discrimination on the basis of disability in Federal programs, among other
things.
For federal institutions, Section 508 makes it very clear that all federal-related websites must be
accessible to all individuals, with and without disabilities. For private commercial websites, the
Department of Justice (DOJ), which enforces the ADA, has made it clear that it interprets the ADA as
applicable to websites.
In 2010, the DOJ issued an Advanced Notice of Proposed Rulemaking to specifically ensure all
websites, public and private, are subject to ADA compliance.
The DOJ’s proposed amendments to the ADA require compliance with the new rules setting WCAG
2.0 AA as the standard for federal government websites by January 18, 2018.
Note: As of July 20, 2017, the current administration revealed that the DOJ has placed web
accessibility, medical equipment, and furniture rulemakings under Title II and III of the ADA on the
Inactive List.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible14
15. WHAT DOES THIS MEAN FOR WEBSITE OWNERS?
Though the official announcement has yet to come,
and now appears to be on hold, website and
business owners need to proactively plan to make
their sites accessible to users with disabilities.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible15
16. HOW CAN I BECOME ADA COMPLIANT
1. Create, adopt, and maintain a web accessibility policy consistent with prevailing
standards.
2. Review the Web Content Accessibility Guidelines (WCAG) 2.0 for details about
making websites accessible to a wider range of people with disabilities, including
blindness and low vision, deafness and hearing loss, learning disabilities, cognitive
limitations, limited movement, speech disabilities, and photosensitivity.
3. Hire a third-party consultant to conduct a thorough website audit to determine what
features might be lacking and develop a list of recommendations for implementing
necessary updates.
4. Consider hiring website development experts who can help you enact these updates
and ensure that your website is ADA compliant, has an optimized user experience,
and works with existing assistive technologies.
5. Implement training for internal web and content development personnel on ADA and
WCAG 2.0 guidelines.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible16
17. DO I NEED A WEB DEVELOPMENT EXPERT?
An ADA-compliant website isn’t just about having
an easier navigation, making text content readable,
or sufficiently contrasting colors in graphics,
although these are huge components of being
accessible. The website and content must also be
scalable and robust enough to work with current
and future assistive technologies.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible17
18. COMMON ELEMENTS THAT NEED TO BE ACCESSIBLE
• Images: Graphics all need to include “alternative text”, an invisible code embedded to make it
possible for assistive technologies to access information that explains the content of the image.
• Videos: Text transcripts or captions of videos should be made available.
• Colors: The colors of all elements on the site should be sufficiently contrasting so that information is
easy to read. Additionally, any information in color (e.g. graphs, buttons) should be labeled in such a
way that users can understand the color information without color.
• Form Labels: All forms with editable fields should be clearly labeled outside of the field itself. For
example, a search bar should have a “Search” label before the field itself instead of inside the field box
or after.
• Stylesheets: Website stylesheets are used to control a site’s layout and presentation and should be
specially coded to ensure the site’s presentation is optimally retained. Stylesheets should also use
relative rather than absolute units.
• Keyboard: All content functions should be operable through a keyboard interface, such as using
unmodified arrow or tab keys. August 14, 2017Website Accessibility - Why and how to ensure your website is accessible18
19. IS MY WEBSITE COMPLIANT RIGHT NOW?
WCAG 2.0 has a list of tools that you can use to check if
your website meets accessibility guidelines. But, of course,
online tools are no substitute for a human expert.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible19
508 Checker
A-Tester
A11Y Compliance Platform
a11y.css
Accessibility Checker
Accessibility Checklist
Accessibility Color Wheel
Accessibility Developer Tools
20. TEN CRITICAL ELEMENTS TO EVALUATE FOR
WEBSITE ACCESSIBILITY
1. Navigation
2. Content Structure
3. Hyperlinks
4. Text
5. Images
6. Forms
7. Document and Other Files
8. Multimedia
9. Adaptability
10.Policies, Processes, and
Maintenance
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible20
21. AGENDA
• What is Meant by Accessibility?
• Why Does Accessibility Concern Me?
• What You Need To Do?
• How Do I Do It?
• Questions?
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible21
22. PUBLICLY AVAILABLE CONTENT SHOULD PROVIDE
EQUAL ACCESS TO ALL
The Americans with Disabilities Act states that “No individual shall be
discriminated against on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges, advantages,
or accommodations of any place of public accommodation.” With
technology so heavily integrated into daily living, online
environments are increasingly being perceived or interpreted as
places of public accommodation.
“Legally Blind Man Files ADA Suit Over Accessibility Of Hugo Boss’ Website”
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible22
23. PUBLICLY AVAILABLE CONTENT SHOULD PROVIDE
EQUAL ACCESS TO ALL
Organizations that do not incorporate accessibility best practices
within their websites, documents, and other digital media—whether
knowingly or unknowingly—exclude people with disabilities from
independently using that organization’s products and services. It
follows that owners of digital content such as websites, software,
mobile apps, or documents may want to consider evaluating their
materials and products and weigh the risks of potential litigation.
Covering the items in the website accessibility checklist can be a
great start.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible23
24. THE FUTURE OF DIGITAL ACCESSIBILITY
With the increasing number of lawsuits related to digital
accessibility, it is recommended that organizations stay
one step ahead of the competition—and the risk—by
making sure their websites are accessible prior to
receiving a complaint. Not only will it expand your
customer base, but it will also generate good publicity for
your organization.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible24
25. DOES THE ADA APPLY TO ONLINE BUSINESSES?
Before the internet become so ubiquitous, it was
assumed that the ADA applied only to physical structures.
But because the law doesn’t specifically state whether it
applies to brick-and-mortar vs. digital “places,” it is open
to interpretation.
A string of lawsuits brought against private companies for
inaccessible websites, web services, or digital
communications, has created a precedent that the ADA
applies to the internet. Although the precedent is not
entirely consistent across all jurisdictions.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible25
26. JUAN CARLOS GIL V. WINN-DIXIE STORES, INC.
On June 12, Judge Robert Scola, of the Southern District of Florida, decided that Winn-Dixie’s
website is heavily integrated with the company’s physical store locations, making it subject to
the ADA. His decision will require the company to update its site.
The company has set aside $250,000 to update the site, though testimony during the trial
indicated it will not cost nearly that much.
“The factual findings demonstrate that Winn-Dixie’s website is inaccessible to visually impaired
individuals who must use screen reader software,” Scola wrote.
“Therefore, Winn-Dixie has violated the ADA because the inaccessibility of its website has
denied Gil the full and equal enjoyment of the goods, services, facilities, privileges, advantages
or accommodations that Winn-Dixie offers to its sighted customers.”
Experts believe it to be the first trial regarding a website’s accessibility under the ADA. Such
lawsuits have become popular in recent years as the Department of Justice has delayed formal
regulations.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible26
27. ADA TITLE III LAWSUITS 2013 TO 2016
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible27
28. ADA TITLE III LAWSUITS JANUARY–APRIL 2017
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible28
29. COMPANIES SUED OVER BLIND-INACCESSIBLE SITES
• Urban Outfitters
• H&M
• Tony Burch
• Swatch
• Bally
• Hugo Boss
• Panera
• New Balance Athletics
• Steve Madden
• Tumi
• Aeropostal
• Deckers Outdoor Company (UGG
Boots)
• Reebok
• Genesco (Johnston & Murphy and
Journeys)
This is only a partial list
Website Accessibility - Why and how to ensure your website is accessible29 August 14, 2017
30.
31. “If you can design a website, you can design an
accessible one”
University of Washington, Do-IT
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible31
32. AGENDA
• What is Meant by Accessibility?
• Why Does Accessibility Concern Me?
• What You Need To Do?
• How Do I Do It?
• Questions?
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible32
33. WEB CONTENT ACCESSIBILITY GUIDELINES WCAG 2.0
The Web Content Accessibility Guidelines are a set of
technical standards.
• The WCAG has 4 Principles (P-O-U-R) that are broken down
into 12 Guidelines
• Those 12 Guidelines are further broken down into Success
Criteria
• For each Success Criteria there are 3 levels of Conformance
A, AA, AAA
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible33
34. SUCCESS LEVELS
• Level A
We must satisfy these requirements, otherwise it will be impossible for one or
more groups to access the web content
• Level AA
We should satisfy these requirements, otherwise some groups will find it
difficult to access the web content
• Level AAA
We may satisfy these requirements, in order to make it easier for some groups
to access the web content
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible34
35. THE FOUR WCAG PRINCIPLES
POUR – Four Principles of Accessibility
• Content must be Perceivable
• Interface components in the content must be Operable
• Content and controls must be Understandable
• Content should be Robust enough to work with current and
future assistive technologies (AT)
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible35
36. PERCEIVABLE
1. Provide text alternatives for any non-text content
2. Provide alternatives for time based media
3. Separate content from style
4. Make it easier for users to see and hear content
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible36
37. OPERABLE
5. Make all functionality available from a keyboard
6. Provide users enough time to read and use content
7. Do not design content known to cause seizures
8. Provide ways to help users navigate, find content and determine
where they are
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible37
38. UNDERSTANDABLE
9. Simplify text content
10.Web pages need to operate in predictable ways
11.Help users avoid and correct mistakes
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible38
39. ROBUST
12.Maximize compatibility with other products, including assistive
technologies
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible39
40.
41. August 14, 2017Website Accessibility - Why and how to ensure your website is accessible41
42. VISUAL/AUDIO DESIGN
Guideline 1.4.1 Level A Color
• Color should not be the only visual means of conveying essential
information. Recommended strategies include providing text cues or using
patterns in addition to different colors.
Guideline 2.3.1 Level A Seizures
• Content should not be designed in a way known to cause seizures in users
with photosensitive epilepsy. Elements occupying a significant portion of
the display that flash more than three times in one second should be tested
for compliance.
• The Trace Center Photosensitive Epilepsy Analysis Tool (PEAT) is available at
trace.wisc.edu/peat/
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible42
43. Of the 38 Level A and AA provisions,
about 50% impact
website design
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible43
44. ACCESSIBILITY ≠ USABILITY
A website can:
comply with standards
pass all the automated accessibility checks
appear to be accessible
HOWEVER
An accessible website is not necessarily usable
Web pages can be verified accessible by focus groups, and still be inaccessible
to a third party
Individual users may have cognitive, technical, or other barriers
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible44
45. AGENDA
• What is Meant by Accessibility?
• Why Does Accessibility Concern Me?
• What You Need To Do?
• How Do I Do It?
• Questions?
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible45
46. FIX THE EASY STUFF FIRST
• Alt text
• Alternative formats
• Correctly labeled links
• Always follow best practices for web development
• Simplify pages (language, design, navigation)
• Resizable, clear font face
• Consistent navigation
• Contact info
• Quick loading pages
• Verify code, hyperlinks, spelling, CSS
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible46
47. LOW VISION
• Whenever possible, use vectors for complex images
• Without pixels, users can zoom to their desired level of
magnification, without content loss
• High Contrast Modes
• Whenever colors are chosen, color contrast must be considered
• Transparency in the background can cause alternative contrast
ratios
• For large text (over 18 points) the contrast ratio for AA is 3:1
and for AAA 5:1. For small text it's 5:1 for AA and 7:1 for AAA.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible47
48. COLOR BLINDNESS
• Color should never be used to
define meaning within content
• Red-Green color blindness is
the most common, and is an
oft-used paradigm in data
visualizations
• e.g. “heatmaps”
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible48
49. DIAGRAMS, CHARTS, AND GRAPHS
• Ensure that there are textual
alternatives for all content
• For graphs, include numbers
visually to ensure there is a
textual representation of
content
• Utilize patterns to ensure that
there are visual, non-color,
means for indicating different
sections
• When in doubt, provide a textual
description of important findings
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible49
50. ARIA
ARIA is a set of special accessibility attributes
which can be added to any markup, but is
especially suited to HTML.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible50
51. ROLE
• ARIA roles are added to HTML markup like an attribute. They
define the type of element and suggest what purpose it serves.
<header role="banner">
Banners typically includes things such as the logo or identity of the site
sponsor, and site-specific search tool. A banner usually appears at the top of
the page and typically spans the full width.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible51
52. LANDMARK ROLES
The following roles are regions of the
page intended as navigational
landmarks.
All of these roles inherit from
the landmark base type and, with the
exception of application, all are imported
from the Role Attribute [ROLE].
• application*
• banner
• complementary
• contentinfo
• form
• main
• navigation
• search
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible52
55. STATES AND PROPERTIES
aria-activedescendent
aria-autocomplete
aria-busy (state)
aria-checked (state)
aria-disabled (state)
aria-dropeffect
aria-expanded (state)
aria-haspopup
aria-hidden (state)
aria-invalid (state)
aria-label
aria-labelledby
aria-level
aria-live
aria-multiline
aria-multiselectable
aria-orientation
aria-pressed (state)
aria-setsize
aria-sort
aria-valuemax
aria-valuemin
aria-valuenow
aria-valuetext
This is a partial list. See states and properties for the complete list
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible55
56. WEB ACCESSIBILITY EVALUATION TOOLS
(EXAMPLES)
• 508 Checker by Formstack
With 508checker.com you can quickly check a webpage for 508 compliance and learn more about how to become 508 compliant
across your entire organization
• A-Tester by Evaluera Ltd
A-Tester checks the pre-enhanced version of a web page designed with progressive enhancement against Evaluera's "WCAG 2.0
Level-AA conformance statements for HTML5 foundation markup" making a report that can serve as a broad and easily confirmed
WCAG 2.0 Level-AA claim, even for enhanced versions.
• A11Y Compliance Platform by Bureau of Internet Accessibility
Tools, reports and services to help organizations achieve, maintain and defend the accessibility of their organization's websites.
Standards and guidelines used includes Section 508, Web Content Accessibility Guidelines (WCAG) & Americans with Disabilities
(ADA)
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible56
57. USEFUL LINKS
• ARIA Specification 1.0 (Last update: March 20, 2014)
• ARIA Roles Model
• ARIA User Agent Implementation
• ARIA Best Practices
• How to meet WCAG 2.0
• DHTML style guide
• An overview of how keyboard navigation should work for each type of widget
supported by ARIA.
• HHS Section 508 Accessibility checklists
• The official HHS Accessibility checklists
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible57
58. ACCESSIBILITY EVALUATION TOOLS
• Wave
• Web Accessibility Evaluation Tool
• Accessibility Viewer
• An inspection tool for Windows that displays the accessibility API information (MSAA,
IAccessible2 UI Automation, ARIA, HTML DOM) exposed by web browsers to the operating system
• Inspect
• A Windows-based tool that enables you select any UI element and view the element's accessibility data.
• AChecker
• Checks single HTML pages for conformance with accessibility standards to ensure the content can be
accessed by everyone.
• Web Accessibility Evaluation Tools List
• A list of evaluation tools that you can filter to find ones that match your particular needs.
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible58
59. HOW TO CONTACT ME
Email: rrumaner@gmail.com
Twitter (and most everywhere else): rrumaner
LinkedIn: RoyRumaner
AccessibilityWebsiteBlog.com
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible59
60. August 14, 2017Website Accessibility - Why and how to ensure your website is accessible60
61. ATTRIBUTIONS
Digital Accessibility Checklist: 10 Critical Elements to Evaluate for Website Accessibility was originally
published in the July 2016 issue of Mealey’s™ Litigation Report: Cyber Tech & E-Commerce as
“Digital Accessibility And Unlawful Discrimination Checklist: Common Pitfalls That Expose Website
Owners To ADA Equal Access Litigation” and has been reproduced here with some modifications.
WCAG20Map was reproduced from Digital Pulse
Digital Accessibility: The Growing Risks of Non-Compliance was reproduced from Crownpeak
Text from New Research from Forrester and Microsoft Shows Millions of Aging Baby Boomers Can
Benefit from Accessible Technology was from Microsoft
August 14, 2017Website Accessibility - Why and how to ensure your website is accessible61
Editor's Notes
1 in 8 males (8%) and 1 in 200 females (0.5%) are color blind
Courts are split on these issues but one thing is for certain: the tide is moving toward ADA compliance for websites, and the lack of specific legal wording prohibiting web discrimination has not stopped businesses from being sued.
The Agenda places the Department of Justice’s rulemakings under Titles II and III of the ADA for websites, medical equipment, and furniture of public accommodations and state and local governments on this 2017 Inactive Actions list, with no further information. Thus, as we had predicted, there will be no regulations about public accommodations or state and local government websites for the foreseeable future.
In the absence of website regulations, the courts are filling the void with a patchwork of decisions that often conflict with one another. The uncertain legal landscape has fueled a surge of lawsuits and demand letters filed and sent on behalf of individuals with disabilities alleging that the websites of thousands of public accommodations are not accessible.
Let’s have a look at a few important disability discrimination lawsuits to get a sense of how the ADA can apply to the web.
In 2016, the number of lawsuits for digital accessibility increased dramatically. With the court cases and settlements of previous years, the message was loud and clear: the Americans with Disabilities Act (ADA) could be applied to digital accessibility and the Department of Justice (DOJ) was going to enforce it. Plaintiffs with disabilities looked for paths to be able to enjoy their favorite websites, and those paths were often through litigation. Still, the move towards accessibility pushed forward with most lawsuits being settled out of court.
For those cases that made it to court, the prevailing question was whether or not an Internet site could be considered a “place of public accommodation,” a requirement under the ADA. Courts seemed split on this issue; some courts ruled that a website was subject to the digital accessibility standards implied in the ADA and others ruled that a physical location was required for the ADA to apply. (For example: a retail store which also sells goods on the web.) Still, many of the lawsuits have been settled out of court, so rulings on the merits have been scarce.
The other major development in 2016 was the push towards more digital accessibility regulations. Final rules were published for Section 1557 of the Affordable Care Act, which provided that patients could not be discriminated against on the basis of disability. The European Union passed a new directive, requiring websites and mobile apps of public sector bodies to be accessible. Final rules were also published for the Section 508 refresh at the very beginning of 2017.
With a new administration in the White House, it is difficult to say what the future will hold for digital accessibility, but the lawsuits will likely continue for years to come. For now, it is unlikely that there will be any disruption to the status quo.
That is 412 more lawsuits filed during the same period in 2016 – an 18% increase
Panera restaurant chain was sued over its new customer ordering system that requires patrons to make their selection at an iPad kiosk and pick up their order on a labeled shelf, or "cubby," which is not equipped with a tactile keyboard, any audio or a screen reader.
While digital information has become increasingly pervasive, the two lead plaintiffs in the Genesco suit said many website developers still implement technologies without regard for whether they can be used by people with disabilities, despite the necessary accommodations being "readily available and cost effective."