Does My Website Comply with The Americans With Disabilities Act Regarding Usage by Blind Individuals?
Burlington Coat Factory and Wyndham Hotels have been sued in the District Court of New Jersey; True Religion Apparel and Forever 21 were sued in the District Court of Delaware; Steve Madden Handbags in the Eastern District of New York and Jimmy Choo, USA in the Southern District of New York. All complaints allege that their websites violate the Americans with Disabilities Act (“ADA”) because the two websites are not compatible with software that helps visually impaired people read website content. According to the complaints, the plaintiff uses a program called Chrome Box to access the Internet, but the defendants’ websites contain barriers to that program. Those barriers include: (1) a lack of alternate text, which is an invisible code embedded under an image on a website that is read by the screen-reading software when a blind user’s mouse moves over the image; and (2) empty links that contain no text, causing the function or purpose of the link not to be presented to the user, or linked images missing alternate text.
The websites would be compatible with Chrome Box if their design followed Version 2.0 of the Web Content Accessibility Guidelines from the World Wide Web Consortium, the International Website Standards Organization. If the websites were compatible they would not be violating the ADA.
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.