Because the ADA does not specifically mention websites, it also does not outline standards for how organizations can make their websites accessible. However, the DOJ has frequently cited recommendations such as the Web Content Accessibility Guidelines (WCAG) 2.0 as acceptable metrics for accessibility. WCAG 2.0 includes many different criteria at three different “success levels” of accessibility, ranging from high-contrast color schemes to closed captions for video content.

There have been some notable cases regarding the ADA. For example, two major hotel room marketers (Expedia.com and Hotels.com) with their business presence on the Internet were sued because its customers with disabilities could not reserve hotel rooms, through their websites without substantial extra efforts that persons without disabilities were not required to perform.[58] These represent a major potential expansion of the ADA in that this, and other similar suits (known as "bricks vs. clicks"), seeks to expand the ADA's authority to cyberspace, where entities may not have actual physical facilities that are required to comply.

First, these lawsuits will be very easy for plaintiffs to work up. The plaintiffs do not need any site inspection, experts or research. They can just surf the web from the convenience of their homes or offices. Marty says the "surf by" complaints could dwarf the "drive by" ADA lawsuits that looked for missing accessible parking spaces and other readily visible shortcomings.

The first trial in a website accessibility lawsuit took place in 2017. Florida U.S. District Judge Scola presided over this bench trial and concluded that grocer Winn Dixie had violated Title III of the ADA by having an inaccessible website.  Judge Scola also found that the $250,000 cost to remediate Winn Dixie’s website was not an “undue burden” and ordered Winn Dixie to make its website conform with the Web Content Accessibility Guidelines 2.0 AA (WCAG 2.0 AA).


The web design company you choose must be able to interpret your company’s mission and identity and turn it into an appealing website that connects with potential customers. They must help you reach your target audience and meet your business goals. A web design agency should have on staff both talented web designers, with fresh ideas and extensive technical and creative skills, and a marketing team that knows how to drive traffic to your site, encourage visitor engagement, and convert visitors into customers. Web designers should be able to build in search optimization and integrate your site with a content management system and e-commerce tools. Look, too, for a website design company that understands responsive design and can optimize your website for mobile devices and desktop browsers. The right web design company understand current design and website trends, has experience building sites in a variety of industries (not just yours), and has an expansive portfolio of live websites. Finally, don’t simply hire the cheapest bidder — in web design, as in all things, you get what you pay for.

The Department of Justice (DOJ) has specifically stated in rulings that websites should be designed so they are accessible to individuals who have vision, hearing, and physical disabilities. There’s a growing body of case law where the DOJ required companies to provide an ADA compliant website and levied hefty penalties when sites failed to measure up.
I am a graphic and web designer based in Southern Florida. Over the last 10 years, I’ve had the opportunity to make web designs for several companies and countless industries; which has given me my strong extensive web designing knowledge and technical skills, I have also earned a degree in web design and graphics. My specialties include web design, Wix websites (including mobile), SEO and marketing material such as brochures, catalogs, banners, banner ads, emails, flyers pdf’s (including ebooks), social media graphics, business cards, branding, and album art. My favorite projects includes Wix web design (in which I have earned Wix...

Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However, the requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether the swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions.[21]


Decided by the US Supreme Court in 2002, this case [74][75] held that even requests for accommodation that might seem reasonable on their face, e.g., a transfer to a different position, can be rendered unreasonable because it would require a violation of the company's seniority system. While the court held that, in general, a violation of a seniority system renders an otherwise reasonable accommodation unreasonable, a plaintiff can present evidence that, despite the seniority system, the accommodation is reasonable in the specific case at hand, e.g., the plaintiff could offer evidence that the seniority system is so often disregarded that another exception wouldn't make a difference.
Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disabilities Act, because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz found that the "virtual ticket counter" of the website was a virtual construct, and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."[76]

On the legal side, ambiguity in the law and the speed at which technology and dependence on the Internet has developed created an opportunity for litigation all over our nation. As these cases have moved through our system, the courts have been nearly split -- with the 1st, 3rd and 7th Circuits ruling that the ADA does apply to websites, while the 6th, 9th and 11th Circuits have ruled that it does not. These latter rulings have all been based on the interpretation that the ADA is focused on physical location and requires a nexus test. Other circuit courts in the United States have yet to rule on the topic.

Peter is Founder and CEO of Blue Interactive Agency, a full service digital marketing agency. With a passion for online marketing, Peter enjoys analyzing digital strategies and offering his unique view on how effective they are. Having a track record of successfully commercializing digital properties, Peter is always looking for the next challenge to help a company succeed online. In his spare time, Peter maintains a personal blog which focuses on his gastronome adventures.
Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However, the requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether the swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions.[21]

If posted on an accessible website, tax forms need to be available to people with disabilities in an accessible format on the same terms that they are available to other members of the public – 24 hours a day, seven days a week, without cost, inconvenience, or delay. A staffed telephone line that sent copies of tax forms to callers through the mail would not provide equal access to people with disabilities because of the delay involved in mailing the forms.

Spector v. Norwegian Cruise Line Ltd.[64] was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation it was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
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