Designing Accessible Web Sites: A Requirement

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Many people I have ran into have claimed that the Americans with Disabilities Act of 1990 applies only to employment, government, and public accommodations. This is true, but what really shakes people up is they neglect to realize that public accommodations exist even in the electronic form. The Internet and all commercial, goverment, and education web sites fall under the regulations placed by this Act.

The Americans with Disabilities Act consists of three sections.

As indicated each section covers different organizations. In this discussion we will cover Titles II and III.

What is a public accommodation and who is responsible for providing accessible accommodations is the first thing that must be established. Private businesses that provide goods or services to the public are called public accommodations in the ADA. The ADA establishes requirements for twelve categories of public accommodations, including stores and shops, restaurants and bars, service establishments, theaters, hotels, recreation facilities, private museums, schools and others. Nearly all types of private businesses that serve the public are included in the categories, regardless of size.

Title II of the Americans with Disabilities Act

The landmark Americans with Disabilities Act ("ADA" or "the Act"), enacted on July 26, 1990, provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.

Title II Subtitle A applies to State and local governments. Most programs and activities of State and local governments are recipients of Federal financial assistance from one or more Federal funding agencies and, therefore, are already covered by §504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ("§504"), which prohibits discrimination on the basis of handicap in federally assisted programs and activities.

§35.150 requires that each service, program, or activity conducted by a public entity, when viewed in its entirety, be readily accessible to and usable by individuals with disabilities. Specifically, Subpart E of Title II explains that §35.160 requires the public entity to take such steps as may be necessary to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. As the Internet is a means of communication, the web site must comply with the ADA.

Paragraph (b)(1) requires the public entity to furnish appropriate auxiliary aids and services when necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, the public entity's service, program, or activity. The public entity must provide an opportunity for individuals with disabilities to request the auxiliary aids and services of their choice. This expressed choice shall be given primary consideration by the public entity (§35.160(b)(2)). The public entity shall honor the choice unless it can demonstrate that another effective means of communication exists or that use of the means chosen would not be required under §35.164.

Title III of the Americans with Disabilities Act

Title III of the Americans with Disabilities Act of 1990, as mentioned in the preamble of this discussion, covers public accommodations and commercial facilities. As mentioned, a public accommodation are goods or services provided to the public by any business. There are no limitations on the types of services or goods provided.

Under §36.201 no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.

§36.202 explains that a public accommodation shall not subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.

This section further explains that a public accommodation shall not provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.

Under §36.303 a public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense.

The term "auxiliary aids and services" includes ...

Summary of the Americans with Disabilities Act and the Internet:

As previously mentioned, it takes a great deal to knowledge to make a web site compliant with the Americans with Disabilities Act. One thing is definitely assured, if you do not comply with the Americans with Disabilities Act you are placing your business into a situation where you could be sued for denial of services or privileges. I certainly hope that you do consider the importance of making your web site compliant.

Americans with Disabilities Act and the Internet Resources:

Note: The following links open to new windows.

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