Small Firms, Websites and ADA Litigation (3/8/21)

I belong to a CEO organization called YPO and within YPO there are "networks". Within one of these networks I began to see numerous posts regarding companies having ADA lawsuits filed against them, alleging (accurately) that their website wasn't accessible to the blind. The strings on these posts were long with dozens and dozens of other CEOs sharing that they, too, had recently received notice of litigation for the same thing: their company's website and online app were not accessible to the blind.

I decided to do some research and, sure enough, this is a new body of litigation. And it's growing, especially against small companies.

There was/is a lot of confusion around the ADA as it relates to websites. We all know that public places must remove barriers to access for people with disabilities, but I don't think any of us knew that this element of the ADA could also be applied to websites and mobile applications of businesses offering goods and services online. Well, it does.

While the DOJ has not issued any guidance or regulations for online platforms, my research showed that many are looking to the Robles v. Domino's Pizza, LLC case for potential guidance. In this case, a blind man filed a case against Domino's because he could not access the Domino's website and mobile app with his screen-reading software.

At first the case was dismissed (District Court), but then the Ninth Circuit reversed the ruling, and the U.S. Supreme Court denied Domino's petition for review. It is believed that, because the Supreme Court refused to review the Ninth Circuit decision, the area of litigation is going to expand.

Business owners should expect to see an increase in ADA website litigation, and should take steps to ensure that their websites and mobile apps are accessible to disabled users.

I pulled up some compliance solutions online and here is what I found:

accessiBe ($490/yr - this is the one a number of YPO CEOs have chosen)

Criterion (Section 508 & ADA Web Compliance)

crownpeak (Simple & Effective ADA Compliance)

I'm sure there are more companies and tools out there, but I wanted to provide the one my colleagues and friends are choosing, as well as two others (and these were the first three that came up on my G-search).

As a personal aside, I signed up a year or so ago for a service called "Be My Eyes" where I receive calls on my mobile phone from individuals who are legally blind when they need assistance. The most common instance I have experienced is that they cannot read something in a store or they cannot access something online.

You would have thought that I would have connected what I'm doing with "Be My Eyes" with our website, but because none of our current clients are legally blind, I simply never put 2 and 2 together. That will be rectified this week here at McLaughlin Ryder Investments, Inc. and we will then be ADA compliant for sight-challenged and blind individuals.

I hope this information helps everyone advance in becoming ADA compliant and litigation-free.

Please let me know if you have any questions, although truthfully I just shared everything I know about this up above. ;-) But, as always, call/email anyway if you think I can help.

Stay safe, healthy and in touch,

Paige

Paige W. Pierce

(801) 949-5577

paige@paige-pierce.com

PS: Remember, if you want to exit BD ownership/sell your company, give me a call before you BDW!