Why we care
The question that continues to be presented to the courts is whether a retail store with an online presence must ensure that its website and mobile app are accessible to those with disabilities. The Supreme Court reminds us of the following:
“While we now may be coming to the realization that the Cyber Age is a revolution of historic proportions, we cannot appreciate yet its full dimensions and vast potential to alter how we think, express ourselves, and define who we want to be. The forces and directions of the Internet are so new, so protean, and so far reaching that courts must be conscious that what they say today might be obsolete tomorrow.”
The Department of Justice has not issued any legal standard to be applied in determining website accessibility guidelines. This has forced Judges to research other cases and provide their own interpretation of the law. You may recall that Dominos main argument in the Title III lawsuit, was that websites are not covered by Title III of the ADA. Although Judge James Otero rejected the argument that the ADA doesn’t cover websites of public accommodations, he did state that requiring Dominos to have an accessible website would violate its constitutional right to Due process. In just a short period of time, that argument has been rejected or challenged by several other Judges. Specifically, two Federal Judges in New York have stated that the ADA does cover websites and district court judges seem to be now siding with the plaintiffs.
We continue to work with companies to help them make their site accessible. ADASure was founded because our founder has a disabled mother and sister and we want to ensure they, along with anyone else with a disability, will have the same basic opportunities as others. We continue to warn that companies that their websites and apps are being scrutinized for their website accessibility, even if they do not know it.
Let us help you develop your website compliance plan today. (888) ADA-8605 or info@ADASure.com.