I’ve blogged before about the problems created by a lack of ADA website regulations, including the difficulty courts have deciding just what “accessible website” means.* The Circuit Court most likely to shed light on this issue is the 11th Circuit, for the pending Gil v Winn-Dixie appeal presents the question directly. There is, however, a more fundamental problem. It may not be possible to create an objective standard for accessibility. I’ll explain why by looking at the most commonly referred standard, WCAG 2.x and showing that it is impossible to determine objectively whether any website actually conforms to WCAG 2.x at any Success Level. More
By Richard Hunt in Accessibility Litigation Trends, ADA - serial litigation, ADA Internet, ADA Internet Web, ADA Web Access, DOJ Tags: ADA defense, ADA defense strategy, ADA Internet, ADA web, Usablenet, WCAG 2.1
The latest iteration of the Web Content Accessibility Guidelines became effective with the publication of version 2.1. on June 5, 2018. The newest version adds an additional 17 success criteria for compliance with WCAG, 12 of which are part of success level 2, the level that has become a de facto standard for the ADA.* I’ve shared my thoughts on how this may change the ADA litigation landscape with Usablenet, which just published its overview of the changes in “New Web Content Accessibility Guidelines (WCAG) 2.1 – What When How.” In this blog I’d like to consider the deeper questions posed by this revision: Who gets to decide what discrimination means?
It is worthwhile to start with a look at the stated purpose of the ADA itself. The declaration of policy in 42 U.S.C. §12101 never uses the word “accessible” and refers to “access” only with respect to public services. The focus of the ADA is discrimination, and standards for accessibility are only part of Congress’ intent to “to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.” (42 U.S.C. §12101(b)(2)). More