Monday, March 10th 5:00 pm – 6:00 pm
Michael Alex Wasylik, Esq. – ricardolaw.com
Anitra Pavka – anitrapavka.com
Cost of Lawyers vs Web Designers/Coders
-Target Defense Team: 8 highly-paid lawyers from one of California’s most expensive law firm
– Just fixing the site would be much cheaper – worst case scenario: total site redesign and recode
(they may spend millions of dollars just defending this case – how much would it cost to just fix?)
Disability Stats
-In the world: 10% of the worlds population has some disability
In the US
-10 million visually impaired, 1.5-3 million use the Internet
In California
-140,000 visually impaired, 10,000 use the Internet
Section 508 (Rehabilitation Act of 1974)
-Applies primarily to govt. and govt. contractors
-Passed in 1998 to expressly include web sites
Americans With Disabilities Act of 1990
-Title III of the Act applies to private businesses with “Public Accommodations”
-Does not expressly mention web sites
Is your site a public accommodation?
Twelve types listed:
- inn, hotel, motel, or other place of lodging
- restaurant, bars
- movie theater, concert hall
- auditorium
- retail sales
- retail services
- terminal, depot, or transportation
- museum, library, gallery
- park, zoo, amusement park
- schools or education
- day care, elder care, or social services
- gym, health spa, exercise
2002 first case to address Title III’s application to web sites.
“A public accommodation must be a physical, concrete structure”
ADA does not apply to web sites in 2002 – case dismissed
Target Case:
Target stores are “places of accommodation” under ADA
ADA broader than merely limited physical access
Unequal access to Target.com denies the blind the full enjoyment of the goods and services offered at Target stores, which are places of public accommodation
What NFBlind said:
Not accessible to screen readers (JAWS)
Images lack ALT tags
-image maps for navigation
-images used as form buttons
-merchandise images
Inadequate use of headers to structure content
Improper form labeling
Mouse required for major functions
Online only may be covered – amazon.com, 37 signals, Dell – not covered by title III
Brick and Mortar stores that are also online are covered by title III – Borders, Apple