[Blindtlk] Article: Retail websites may face ADA compliance issues:accessibility in the virtual sales world

[Humberto Avila]

Hello,

This article only mentions that  websites should be compliant with ADA by
providing either higher contrasts and colors and better or magnified
pictures. But what about screen readers? Should retail web sites be
compliant with ADA by providing better accessibility for screen reading
technologies? Yes! Should blind people get access to those sites as well,
that use screen readers? Oh yes! 
So, if someone else writes another article about the ADA and about making
web sites accessible, they should also mention about making web sites
accessible for screen readers.



-----Original Message-----
From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
Behalf Of Steven Johnson
Sent: Thursday, August 11, 2011 5:05 PM
To: 'Blind Talk Mailing List'
Subject: [Blindtlk] Article: Retail websites may face ADA compliance
issues:accessibility in the virtual sales world

The following article is forwarded to you by the DBTAC-Great Lakes ADA
Center (www.adagreatlakes.org) for your information:

.         August 9, 2011 

.          <http://www.lexology.com/firms/detail.aspx?f=16845> Baker
Donelson Bearman Caldwell & Berkowitz PC (Published on Lexology.com)

.          

.         Retail websites may face ADA compliance issues: accessibility in
the virtual sales world

.         By:  <http://www.lexology.com/16845/author/Shameak_B_Belvitt/>
Shameak B. Belvitt

New legal developments suggest that online sellers may need to do a quick
web redesign. Recent legal decisions and a new interest from Congress and
the Department of Justice (DOJ) regarding Title III of the Americans with
Disabilities Act (ADA) may mean that all retailers with an online presence
will need to provide new website accommodations that address the common
disabilities of retail users.    

The ADA was enacted to eliminate discrimination against individuals with
disabilities. Title III of the ADA requires that "public accommodations"
provide the same goods and services to individuals with disabilities as
provided to individuals without disabilities. Recently, the definition of
"public accommodations" seems to be expanding to include not only physical
facilities but also webbased facilities made available to the general public
by retailers.

The ADA was enacted in 1990, prior to the Internet's pervasive presence and
the resulting e-commerce industry. Thus, the language of the ADA does not
specifically address the Internet or online retailers. U.S. federal courts
have split over whether the definition of public accommodation in the ADA is
limited to actual physical structures or whether the definition includes
digital infra-structure, such as retail websites. Some federal courts have
found that the definition of public accommodation was not limited to an
actual physical structure (usually reasoning that Title III of the ADA does
not mention physical boundaries or physical entry; therefore, virtual public
accommodations could be included within the statute's reach). In these
cases, the courts have ruled that the failure to apply the ADA to online
sales sites would effectively mean that businesses could discriminate
against disabled individuals in the design and display of their online
offerings. In contrast, other federal courts have held that the definition
of public accommodation was limited to an actual physical structure
(reasoning that the ADA does not include any provision with respect to
online sales or web-based accommodations and therefore it is up to Congress,
and not the courts, to extend the application of the statute beyond the
physical structures explicitly referenced in the statute).

Lower court opinions seem to provide some middle ground between these two
distinct and opposite applications of the ADA to virtual retail facilities.
In one California federal district court, the ruling as to the applicability
of the ADA seemed to focus on whether a retail website prevents the disabled
person from fully enjoying all of the goods and services offered inside of
the physical retail store. Basically, the court ruled that there must be a
connection or nexus between the physical and virtual retail space. This
nexus means that brick and mortar stores that also offer the convenience of
online shopping would have to ensure that their websites are fully
accessible to disabled individuals and comply with the ADA. For example,
brick and mortar stores may need to ensure that their websites provide color
contrasts or larger text to make objects easier to view, text alternatives
for pictures or predictability in website organization.

The current question that remains unresolved on the federal level is whether
online retailers that do not have public brick and mortar stores must also
comply with the ADA.

While the U.S. Supreme Court has yet to address this issue (and resolve the
conflict across the federal circuits), a new report seems to indicate
Congressional interest is moving in the direction of application of the ADA
to retail websites (regardless of whether there is a physical sales
location). Similarly, recent statements by the DOJ seem to indicate that
they will look to retailers, including online-only retailers, to modify
their websites to be compliant with Title III of the ADA. Practically, it
may be a matter of whether online retailers are proactive in anticipation of
a consistent federal approach to the application of the ADA to retail
websites or take the risk/expense of incurring a rapid web-development
project to comply in response to changes to the statute or in the
enforcement environment.

 

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