Website Access and Blind Plaintiffs: When Can You File an ADA Claim?

Have you recently tried to use a business’s website and had difficulty because of the lack of accessibility features on the website? This might be true of any type of business, from a local retail store to a national chain store, or from a local veterinary office practice where you are trying to make an appointment for your pet to a local restaurant where you are trying to make a dinner reservation or place a takeout order. It is critical for you to know that federal law requires essentially all businesses to have websites that can be accessed regardless of whether you are blind or have a vision-related disability. If a website is not accessible, the business may be in violation of the Americans with Disabilities Act (ADA). Our ADA violation lawyer in South Florida can explain in more detail.

Requirements for Businesses to Comply with the ADA 

Under Title III of the ADA, any place that is considered a “public accommodation” must comply with the ADA, which is a federal law that provides a wide range of protections to blind individuals and individuals with various other types of disabilities. The term “public accommodation” might not immediately have meaning to you or might be misleading because it is used in a way that you might not necessarily apply it. The important thing to know is that, for purposes of the ADA, this is a term that refers to any type of business, organization, or nonprofit that provides any type of goods or services to the public.

To put that in perspective, a “public accommodation” includes all of the following types of places and many more:

• Health care offices, including doctor’s offices, dentist’s offices, hospitals, walk-in clinics, and veterinary practices;
• Retail stores, including big-box stores and large chain stores as well as local small businesses;
• Restaurants, including larger fast-food and sit-down chains as well as much smaller location cafes or coffee shops or bars;
• Movie theaters and drama theaters;
• Schools and daycare facilities;
• Gyms;
• Hair salons and nail salons;
• Day spas; and
• Recreational facilities, such as batting cages or rock climbing facilities.

Can You File an ADA Claim

If you tried to use a business’s website and struggled because the website does not have necessary accessibility elements or features for blind users, you may be able to file an ADA claim. The best way to determine if you have a claim is to discuss the details of your case with an attorney, but in the meantime, the following are some common ways in which business websites violate the ADA that can give rise to a claim:

• Failing to provide text alternative or “alt text” on images used on the website;
• Requiring mouse navigation rather than keyboard navigation;
• Using only color to provide information on the website; and/or
• Using text that cannot be read by screen readers.

Contact Our Palm Beach Gardens ADA Violation Lawyers Today for Help Filing a Claim

Did you recently have trouble using a business’s website? If so, you may be able to file an ADA claim and one of the experienced Palm Beach Gardens disability rights attorneys at Sconzo Law Office can help you. Contact our firm today for more information.

Sources:

ada.gov/resources/web-guidance/