By Minh Vu and Kristina Launey

The Justice Department (DOJ) just officially announced in the federal government’s Unified Regulatory Agenda that it is again pushing back the target date for publishing its proposed website regulations for state/local governments and public accommodations to December 2014 and June 2015, respectively.  The delay is no surprise because DOJ did not meet the
Continue Reading Justice Department Further Delays Website Regulations

By Kristina Launey

Ebay has announced that it has teamed with The National Federation of the Blind in a “Web 2 Sustainable Accessibility Partnership Agreement”, aimed to “enhance the accessibility of eBay’s website and mobile applications” Ebay’s announcement states that, through the partnership, “blind buyers and sellers on eBay who use technologies such as text-to-speech screen readers and Braille displays
Continue Reading Ebay Announces Web Accessibility Partnership with the National Federation of the Blind

By Minh N. Vu

The federal government recently released an Unified Agenda announcing that the Department of Justice (DOJ) has delayed to March 2015 the issuance of proposed regulations setting requirements and technical standards for public accommodations websites. 

According to the last Unified Agenda, these proposed regulations were to be issued this past April 2014.  This is not a positive
Continue Reading Still Waiting For Web Regs: Justice Department Pushes Back Issuance Date For Accessible Website Proposed Regulations (Again)

By Michael Fleischer

They’re here and they’re not going away. Six weeks ago we blogged about AXS Map. Now comes AbleRoad, a much more comprehensive customer review website/mobile app that allows individuals to post online reviews of a business’s accessibility to individuals with disabilities.

AbleRoad, which worked with Yelp.com to allow both Yelp and AbleRoad ratings to be
Continue Reading YELP! – Another Website/Mobile App Launches Allowing Individuals To Rate A Business’s Accessibility To Customers With Disabilities

By Minh Vu and Paul Kehoe

As we reported earlier this month, the Department of Transportation (DOT) issued regulations under the Air Carrier Access Act (ACA) making it easier for airline passengers with disabilities to access both airline websites and terminal kiosks.  These regulations provide a window into the Administration’s view of website and kiosk accessibility, and likely serve as a precursor to forthcoming regulations from the Department of Justice (DOJ) on these subjects for state/local governments and public accommodations.  Since all agencies have an opportunity to review proposed regulations during the interagency review process, we assume that DOJ had input into the new DOT rules.  Here is a closer look at key parts of the new DOT regulations:

Basic Website Requirements.  Airlines that operate at least one aircraft having a seating capacity of more than 60 passengers must make their primary website accessible in two phases.  First, by December 12, 2015, they must ensure that web pages on their primary website associated with core travel information and services (reservations, online check-in, flight status updates, itinerary access, frequent flyer account access, carrier contact information, etc.) conform with WCAG 2.0 Level AA.  Second, by December 12, 2016, all other webpages on the airline’s primary website must conform with these guidelines. The regulations also require airlines to consult with individuals with visual, auditory, tactile and cognitive disabilities, or organizations representing these disability types to test the usability of the updated websites.  The DOT did not indicate what, if anything, covered airlines should be doing to facilitate access for those individuals who cannot use the websites in the meantime.

The regulations also require airlines to provide web-based fare discounts, which are generally offered at a lower cost, and other web-based amenities, to customers with disabilities who are unable to use the airline’s website.  Also, ticket agents that are not small businesses will be required to provide the same web-based fares to customers with a disability who cannot use the agents’ website as of June 10, 2014.
Continue Reading New Department of Transportation Website and Kiosk Regulations Provide Insight into Forthcoming Department of Justice Regulations for Public Accommodations

By Minh N. Vu

Similar to Trip Advisor and Yelp, AXS Map is a  new customer review website/mobile app that allows people to review businesses on their accessibility to people with disabilities.  Every business that opens its doors to the public can be reviewed.  Hotels, restaurants, retailers, gyms: You name it – it’s on AXS Map ready to be reviewed.
Continue Reading Alert: A New Website/Mobile App Called AXS Map Allows People to Review Your Business' Accessibility to Customers with Disabilities

By Todd C. Hunt 

On the heels of Cullen v. Netflix, Inc., reported here last month, two other federal judges in the U.S. District Court for the Northern District of California followed the lead established by the Ninth Circuit more than a decade ago in ruling in a putative class action that websites not connected to “physical spaces” are not
Continue Reading Courts in the Ninth Circuit Consistent in Holding Title III Website Access Requires Nexus to a Physical Space

By Minh N. Vu

On June 22, we reported on the U.S. District Court for the District of Massachusetts’ ruling that Netflix’s video streaming website is a “place of public accommodation” covered under Title III of the ADA, even though the website has no nexus to a physical place.  This ruling was not surprising given First Circuit precedent that dictated
Continue Reading California Federal Court Holds That the ADA Does Not Cover Netflix's Video Streaming Website

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,
Continue Reading Businesses: Brace For an Onslaught of ADA Lawsuits Alleging Inaccessible Websites