April is the cruellest month according to T.S. Eliot†, but it was really just busy for my practice and the courts. Here’s part one of our update on important decisions in the ADA and FHA world. We expect to be caught up after a long weekend of blogging and a couple of additional installments. More
World Wide Web
By Richard Hunt in Accessibility Litigation Trends, ADA Internet, ADA Internet Web, ADA regulations, ADA Web Access, Internet Accessibility Tags: ADA Internet, ada litigation, ADA web, WCAG 2.0, World Wide Web
I wish that this were one of those satires found The Onion and similar publications. On April 25 at 3:00 a.m. Central Time the Department of Justice announced a new “Accessible Technology” section in the DOJ’s ADA website (http://www.ada.gov/access-technology/index.html). The new web page is supposed to:
“assist covered entities and people with disabilities to understand how the ADA applies to certain technologies, such as Web sites, electronic book readers, online courses, and point-of-sale devices.” More
On February 9 Magistrate Judge Katherine Robertson issued a 45 page decision denying a Motion to Dismiss in National Association of the Deaf v. Harvard University, Case No. 3:15-cv-30023-MGM in the District of Massachusetts. This is not the place for a detailed analysis of the opinion, but for ordinary businesses there is quite a bit less to this than some sources suggest.
The first statute discussed in Magistrate Robertson’s opinion is Section 504 of the Rehabilitation Act. This statute applies to programs or activities receiving federal assistance. While federal assistance programs are pervasive, the vast majority of businesses are not subject to Section 504, and so the arguments concerning its application don’t apply at all. More
My colleague William Goren (see his blogs at www.williamgoren.com/blog) passed along a recent interview with Daniel Goldstein (http://www.bna.com/fighting-accessible-websites-n57982065991) that shows, I think, a serious disconnect is between the disabilities rights community and ordinary American businesses with respect to web accessibility.
I’ll start with what Mr. Goldstein said about making a web site accessible. He said: “It’s pretty easy to resolve most of these barriers [to access]” and “the expense is usually small.” His examples of common problems including things like failure to properly use the “H1 tag” or to write code that properly moves the “focus” of a web page. “Pretty easy” and “small expense” are words whose meaning depends on the business involved. This blog was set up by myself using a WordPress template. I didn’t write any code, and I couldn’t find an “H1 tag” to save my life. I do know, because a web programmer helped me look at it, that this single page is created by about 1000 lines of computer code. If that code is wrong, fixing it would not be “pretty easy” for me or any of the tens of thousands of small businesses that use WordPress or similar template based web design tools. More
By Richard Hunt in Accessibility Litigation Trends, ADA, ADA Internet Web, ADA regulations, DOJ, Internet Tags: ada litigation, Freedom of Expression, Freedom of Speech, internet, private lawsuits, World Wide Web
On June 26 the Department of Justice announced that it had filed Statements of Interest in two lawsuits concerning access to online content. The suits were filed against Harvard (National Ass’n of the Deaf v. Harvard University et al, Case No. 3:15-cv-30023 in the United States District Court for the District of Massachusetts) and M.I.T. (National Ass’n of the Deaf v. Massachusetts Institute of Technology, Case No. 3:15-cv-300024 in the United States District Court for the District of Massachusetts). Both Statements of Interest make the same claim; that is, that all online content must be accessible to those with disabilities if offered by a “public accommodation.” The phrase “public accommodation” as defined in the statute includes any “place of education.” More