This is an article that most other website developers probably don’t want you to read. The reason is that most other web designers basically like to think of themselves as all-powerful wizards with magical powers. And they use complex technical jargon and terminology to intimidate and mystify their clients into thinking that what they do is more complex than it is.
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The statement that “noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA” is new and significant.  It is a recognition that a website may be accessible and usable by the blind without being fully compliant with the privately developed Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1.  The statement confirms what some courts have said so far:  That the operative legal question in a website accessibility lawsuit is not whether the website conforms with WCAG, but whether persons with disabilities are able to access to a public accommodation’s goods, services, and benefits through the website, or some alternative fashion.
Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution. The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission, who can sue on their behalf.[19]
Any business that is considered a “place of public accommodation” is required to provide equal access to services under the nondiscrimination requirements of Title III of ADA. When you look at the guidelines closely, this includes hotels, entertainment venues, legal and accounting firms, retail stores, and virtually every business that is not a private club, including businesses that exist solely on the web.
"I’m a couple years away from retirement and have a very limited budget and after talking to some other web developers through thumbtack I quickly realized I was not going to be able to afford a website built by anyone but myself. Then I got a response from Jean Johson of B’yond Media telling I was chosen to get my free website. Crazy, is all I can think of. Why me, and is this too good to be true. But after speaking with Jean for awhile in the phone I soon realized that I was really going to be getting an awesome e-commerce site for free. I’m over the moon and have already started gather information for them for my site. They were a God send. I can’t think of anyone I would rather do my website free or not than Byond Media and Jean Johson as my project manager. You must give them a try. I’m sure you will be as happy as I am."
Permanent injunction requiring a change in corporate polices to cause Defendant’s website to become, and remain, accessible Noted was that “The ADA expressly contemplates the type of injunctive relief that the Plaintiffs seek in this action.” The Plaintiff’s lawyers stated that “Because Defendant’s Website has never been accessible and because Defendant does not have, and has never had, a corporate policy that is reasonably calculated to cause its Website to become and remain accessible”. Therefor the Court should require that the Plaintiff accept who the Defendant will use to “assist it in improving the accessibility of its Website”, “ensure that all employees involved in website development and content development be given training”, “Consultant to perform an automated accessibility audit on a periodic basis to evaluate if the Defendant’s Website continues to comply”, “Consultant to perform end-user accessibility/usability testing on a periodic basis”, “Consultant to create an accessibility policy”. Although the Lawyers asked the Court for the above, and it would be extremely time consuming and expensive for the Defendant, the very last part of the Complaint was what the Lawyers were after. Here is what the Lawyers asked the Court for:

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DOJ’s September 25 response did not do what the members asked, but it did provide some helpful guidance and invited Congress to take legislative action to address the exploding website accessibility litigation landscape. DOJ first said it was “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA.” (This is helpful – to at least know this issue has not fallen totally off DOJ’s radar.) It continued:

How much their services cost. One of the most important things to determine is how much you’re willing to spend on a website, and then take note of how much each agency charges. The sentiment holds true that you typically get what you pay for — if a web design agency is charging dirt cheap for a design, you probably won’t be happy with the results. There is definitely room to have a budget, but keep in mind what you’ll generally need to pay for a high-quality website.


Three defendants were able to dismiss website access lawsuits early because they had already entered into consent decree or settlement agreements with previous plaintiffs which required them to make their websites conform to the WCAG 2.0 within a specified amount of time. That said, not all courts agree that a prior settlement — as opposed to a binding judgment or court order — can be the basis for a dismissal.
There are several phases to go through to make a website ADA accessible. First, it is important to have your existing website evaluated for ADA accessibility. Have this evaluation done by a company that specializes in ADA compliance for lodging properties. Most existing websites will not pass a detailed ADA evaluation. Depending on the results of your professional ADA inspection, you will either have to make necessary changes to your existing website, or have it redesigned to meet ADA accessibility guidelines. 
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
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