Small Businesses Frustrated with 'Frivolous' ADA Website Lawsuits

[Nancy OShea]

A legally blind woman is suing several online retailers claiming their websites violate the Americans with Disabilities Act. 

April Foster was served a federal lawsuit in May. It claims her 'arts and crafts website' doesn’t provide equal access to its products, particularly for those who are blind and depend on web assistive software that takes text and turns it into audio.  Foster says she settled the lawsuit out of court for $7,500. But after attorney fees, she says it cost her around $20,000.  Unfortunately, she's not the only one.  In 2023, over 4,600 other such lawsuits were filed in the U.S., many by the same people.

As a web developer, I've been preaching the importance of conforming to WCAG for a decade. In the government sector, it's required by law. But since there are no standardized exams for web developers, the private sector is largely self-regulated until someone gets sued.

Q: How can web developers and small business owners protect themselves from potential lawsuits?

A: Education. Get familiar with Web Content Accessibility Guidelines (WCAG) as recommended by the World Wide Web Consortium (W3C) -- the body that sets web standards. https://www.w3.org/TR/WCAG21/

How to Meet WCAG (Quick Reference) https://www.w3.org/WAI/WCAG22/quickref/?versions=2.1

It isn't difficult. Most of it is just common sense. Any decent web developer can do it. 😊

[REELHERO]

thank you! I wasnt aware and Ill make sure this site - and my own personal one - adheres to these parameters..

Im often asking on these forums, what are "best practices" for this very reason, and because Ive never learned formally, its essential that I pick up on things like this

[Nancy OShea]

As the COVID pandemic was forcing us all into lockdown, I underwent laser & implant surgery for cataracts. Prior to that, I was as blind as a Three-toed Sloth at the mercy of poorly designed websites that didn't know what web accessibility was. 

5 years later, I have 'Bionic Woman' vision with ultra high-def lenses. But I haven't forgotten the importance of accessibility.

My advice to every web builder is to use JAWS. Or at least watch some YouTube videos of JAWS users interacting on the web.  It's definitely an eye-opener (pun intended).

This webinar switches JAWS to normal speech reading speed about 9 minutes in.

[REELHERO]

thank you Nancy - thats a heck of perspective lesson--  wow

[B i r n o u]

Sorry for beeing late on this one, as I am particularly sensitive to the issue of web accessibility, I wish to support @Nancy OShea's recommendations regarding the importance of complying with WCAG. The initiative to integrate these standards into our sites seams essential to ensure an inclusive experience.

On our end, we've recently published an blog's article on setting up a work and testing environment focused on accessibility. This article addresses various aspects we've encountered and might be of interest to you: Create a Test Environment to Evaluate Web Accessibility (The article is in French, but you should have access to a translator menu in the top left-hand corner). 

Additionally, on LinkedIn thre is a series of articles discussing the responsive aspect of websites, emphasizing accessibility from the design phase. If you're interested, here's the link : Why Responsive Websites Are Not Just a Simple Step for Website.

With @L e n a , we're preparing a practical guide on the basic rules to take into account when setting up a site, or an application, to improve accessibility.  We're thinking of building on an earlier article that was still in draft form and hadn't been finalized "What is meant by accessibility? "

We recognize that one of the major challenges lies in adapting existing codebases. If you've faced obstacles or successes in this area, please feel free to share them. As @Nancy OShea  mentioned, it's often a matter of common sense and collaboration.