On February 18, 2015, the U.S. Architectural and Transportation Barriers Compliance Board (“Access Board”) issued a proposed rule (“NPRM”) which would, among other things, adopt the WCAG 2.0 Level AA Guidelines (“WCAG 2.0 Level AA”) as the standard for federal government websites. Section 508 of the Rehabilitation Act requires federal government websites … Continue Reading
The Department of Justice (DOJ) is continuing to pressure businesses to make their websites accessible even while it is drafting proposed regulations for websites that are supposedly coming out this June. The latest business targeted by DOJ is the National Museum of Crime and Punishment, which entered into a settlement agreement that was … Continue Reading
By Minh N. Vu
They are sprouting up everywhere: Kiosks that allow customers to buy tickets, rent DVDs, get boarding passes, check-in at a hotel, count change, and even rent cars without ever having to interact with a human being. These self-service kiosks can be a boon for customers and businesses, but they also create lawsuit exposure for businesses that … Continue Reading
Although “drive-by” ADA Title III lawsuits alleging physically inaccessible public accommodations facilities will continue to be a mainstay for the plaintiff’s bar, a new type of lawsuit has recently emerged: The “surf-by” lawsuit. In the past month, we have seen an onslaught of case filings and demand letters threatening lawsuits from private … Continue Reading
Now that we are all back in work mode, we thought it would be useful to take a quick look at some of the major ADA Title III trends and highlights of 2013 and how they will impact the coming year.
Digital Accessibility. We saw a definitive uptick in the number of … Continue Reading
Although we are not Canadian lawyers, we are reporting on this issue because it is an important development that affects many of our clients and their website compliance efforts in the United States.
On July 11, 2013, from 2:30 – 4:00 EST, the US Access Board will hold a free webinar to review requirements in the internationally recognized Web Content Accessibility Guidelines, also known as WCAG 2.0, issued by the World Wide Web Consortium (W3C). The Board has proposed referencing the WCAG 2.0 to address web accessibility in updating … Continue Reading
By Minh N. Vu
Title II Changes Come First: The Department of Justice (DOJ) recently announced a new July 2013 date for issuing a Notice of Proposed Rulemaking (NPRM) to amend its Title II ADA regulations that would address the obligations of state/local governments to make their websites accessible to and usable by individuals with disabilities. The DOJ stated that … Continue Reading
By Minh N. Vu
For more than a decade, courts have struggled with the question of whether the ADA’s coverage of twelve “places of public accommodation” (e.g., places of lodging, entertainment, retailers, restaurants, service establishments) is limited to physical places, or whether they can be virtual. The answer to this question dictates whether virtual places, such as websites, are covered … Continue Reading