Website Accessibility
Question:
What are the requirements for website accessibility for a public accommodation?
Answer:
Initially, it must be noted that an accessible web site benefits everyone. Navigation is one of the key elements of an accessible web site and research has shown that an accessible web site is more usable to everyone. It does not eliminate the use of images and other features that make a web site attractive and interactive for your visitors. It is a matter of considering how someone uses the web site, how information is organized and the methods used to convey information. Places of Public Accommodation are covered under Title III of the ADA. This requires that programs and services are readily accessible to and usable by people with disabilities.
The issue is that a entity such as public accommodation is covered under the ADA and given the fact that the web site is another means of offering a "place" to conduct business with the bank, attention should be given to ensure that customers have equal access to this virtual "place" as they do to the physical spaces that a public accommodation builds and operates. The U.S. Department of Justice issued a policy letter several years ago, at the beginning of the widespread use of the INTERNET to conduct business stating that Title II and Title III entities are responsible for the accessibility of their web sites. This policy letter can be found on-line at: http://www.usdoj.gov/crt/foia/tal712.txt
The Seventh Circuit Court of Appeals, which covers Illinois, Indiana, and Wisconsin, has stated that a web site could qualify as a public accommodation. Specifically, the Court declared that "the owner or operator of a store, hotel, restaurant, ..., web site, or other facility (whether in physical space or in electronic space) that is open to the public cannot exclude disabled persons from entering the facility and, once in, from using the facility in the same way that the non-disabled do." Doe v. Mutual of Omaha Ins. Co., 179 F.3d 559 (7th Cir. 1999), cert. denied, 68 U.S.L.W. 3432 (U.S. Jan. 11, 2000) (No. 99-772)).
Due to the date by which the ADA was passed, (1990), there are no standards for web site accessibility within the ADA. However, there are Federal and State Website Standards in place for certain government agencies. It is possible that these standards may be applied to places of public accommodation. Generally, under the ADA, access must be provided absent an undue hardship to the public accommodation. The absence of a standard however does not mean that a covered entity such as Public accommodation does not still have some obligations to ensure that the programs and services that they offer to customers with and without disabilities via the INTERNET is accessible to ALL users. Any person with access to a computer should be able to access the information that Public Accommodation has on it's web site for existing customers as well as potential customers. While one may argue that an "accommodation" can be made such as offering to serve someone over the phone or via the various locations where the Public Accommodation has physical sites, this is likely not going to be "equivalent" access. In order to be an equivalent service, someone with a disability should have the same degree of access. It is not the responsibility of a public accommodation to provide computers for it's customers or the software that someone who has a disability needs in order to access the INTERNET. The obligation of a public accommodation is to ensure that someone visiting the web site is able to navigate the web site and transact business the same as someone with out a disability, whether or not they use assistive technologies.
In order to do this, there are standards that have been developed that guide the crafting of accessible web based information. Section 508 of the Rehabilitation Act of 1973 is the federal standard for accessible information technology, including web sites. This standard does not currently apply to the private sector. It is only applicable to federal entities. This standard is considered a minimum. More information on the Section 508 Standards and to obtain a copy of the standards go to www.section508.gov or the US Access Board Web Site who is the federal agency responsible for producing the Section 508 Standards at www.access-board.gov
There is also a set of guidelines for accessible web based information which has been produced by the World Wide Web Consortium which is a private entity comprised of groups and individuals interested in crafting standards for web based information. Due to the lack of regulation of the INTERNET this group established itself several years ago now to address some of the issues that arise based on the various uses of the INTERNET across the world. One of the initiatives that they have undertaken is the development of guidelines for accessibility. These guidelines are comprehensive and based on a series of variables. There are different levels of accessibility under the guidelines and it is recommended that an entity attempt to achieve all 4 levels but minimally levels one and two. These guidelines can be accessed on-line at www.w3.org and are referred to as the Web Accessibility Imitative.
The State of Illinois government adopted their own web site accessibility standard which is a hybrid of the requirements under Section 508 Standards and the World Wide Web Consortium Web Accessibility Imitative Guidelines. This standard applies to state government web sites. This is another guide that a business such as Public Accommodation could choose to follow. This information is available on-line at: http://www.illinois.gov/iwas/
It should be recognized that one cannot make a web site accessible overnight. It is a process and requires a great deal of planning and oversight to ensure that once the infrastructure is created as accessible that it is maintained accessible. In many institutions, this is done by establishing that any new pages developed will be constructed accessible and that any major overhauls of the web site will include accessibility as a key element in design. A site may have hundreds of pages of content and obviously it can take time for this to occur. Just as you would look at the existing facility and identify barriers and develop a plan to remove those barriers against the priorities of 1) Getting in the door; 2) Ability to navigate within the facility and access services; 3) Restroom and 4) Other amenities. One would approach the transformation of a web site the same way. Prioritizing the pages that are most commonly utilized by visitors and customers and addressing these first with the remaining pages falling in line over a period of time, is a valid approach. Creating an accessible web site benefits everyone. Navigation is one of the key elements of an accessible web site and some of the research has shown that an accessible web site is more usable to everyone. It does not eliminate the use of images and other features that make a web site attractive and interactive for your visitors. It is a matter of considering how someone uses the web site, how information is organized and the methods used to convey information (e.g. PDF documents are not accessible, but you can have PDF accompanied by HTML or text).
I hope this information helps answer your question. Please feel free to contact me if you desire any additional information.
Sincerely,
Alan M. Goldstein
The Illinois ADA Project at Equip for Equality