VPN Plus+ ExclusiveWhat is website accessibility and could you be at risk for a lawsuit?July 14, 2020Most business owners are familiar with the Americans with Disabilities Act (ADA) and the requirements this law imposes on them to make their facilities accessible to those with disabilities. For businesses that are "places of public accommodation" (e.g. veterinary practices), access includes providing on-site features including wheelchair ramps, handicap accessible bathrooms, and parking spots. In the past few years, there has been increasing debate around whether a company's website is an extension of a place of business and must be accessible just like its physical counterpart. The ADA does not speak directly to this question and the Department of Justice (DOJ), which is responsible for interpreting the act, has not weighed in on the matter. This ambiguity in the law has led to a wave of litigation, suggesting businesses with "inaccessible websites" are violating the ADA and are subject to penalties. While it is difficult to identify out-of-court settlements, according to the ADA, the maximum civil penalty for a first violation under title III ranges from $55,000 to $75,000. For a subsequent violation, the new maximum is $150,000. In 2019, there were thousands of lawsuits filed against businesses and tens of thousands of legal demand letters. In the fall of …
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