ONLINE ACCESSIBILITY
ONLINE ACCESSIBILITY
The ADA And Your Websites
By Scott I. Zucker, Esq.
M
uch has been happening recently on the issue of acces- sibility in the area of business
websites. In August of 2022, the California Court of Appeals ruled in the case of Martinez v. Cot’n Wash, Inc., that websites are not “public accommodations” covered under the Americans with Disabilities Act (con- sistent with the U.S. Court of Appeals for the Ninth Circuit). But their ruling only directly applied to “online-only” retailers. Earlier in the year, the Eleventh Circuit Court of Appeals ruled against Winn Dixie in the case of Gil v. Winn Dixie on their appeal, effectively removing their earlier holding that the definition of “public accommodations” did not extend to websites. There remains a split of Circuits on this very question, separating the Third, Sixth, and Ninth Circuits who have con- cluded that public accommodations only include physical locations, whereas the First and Seventh Circuits have decided otherwise. Now the Eleventh Circuit is open to interpreta- tion once again. On March 18, 2022, the United
States Department of Justice (DOJ) issued “Guidance on Web Accessibility
26 Self-Storage NOW!
and the ADA.” These guidelines were focused on the issue of website com- pliance to allow users that are visually impaired to utilize a business’ website (see
ada.gov/resources). Included in that information is an explanation of why website accessibility matters and provides the following: “Inaccessible web content means
that people with disabilities are denied equal access to information. An inacces- sible website can exclude people just as much as steps at an entrance to a phys- ical location. Ensuring web accessibility for people with disabilities is a priority for the Department of Justice (DOJ). In recent years, a multitude of services have moved online, and people rely on websites like never before for all aspects of daily living. For example, accessing voting information, finding up-to-date health and safety resources, and looking up mass transit schedules and fare information increasingly depend on having access to websites.” Although the DOJ does not provide
specific regulations to follow, the DOJ has outlined specific “standards” that should be utilized. The first is the “Web Content Accessibility Guidelines” (WCAG), and the other is
the “Section 508 Standards,” which are used by the federal government for its websites. Since self-storage properties are
“brick and mortar” or physical busi- nesses, it is possible that the courts will include self-storage facilities in the umbrella of companies that are required to comply with the WCAG requirements, especially as to custom- ers who are visually impaired. To assist operators, companies
such as
Userway.org offer solutions for website compliance. Their technol- ogies help companies easily achieve accessibility, compliance, and legal protection through a full framework of solutions that make content accessible for people with disabilities. Such solu- tions include an “AI-Powered Accessibility Widget” that scans, moni- tors, and exports detailed accessibility issues and audits websites for ADA & WCAG compliance. It is important for self-storage operators to understand these guidelines and act to manage the accessibility of their websites. Stay safe and happy storing!
Scott Zucker, Esq. is a partner in the Atlanta law firm of Weissmann & Zucker, P.C.
FIRST QUARTER 2023
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