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2019ADA & What You Can Do to Prevent A Lawsuit Over Your Website
Some ADA Requirements Include Coding Photos, Color Contrasts, and More
What We Heard This Week About the Need for ADA Website Compliance
Innkeeper Sued for $25,000
ADA lawsuits continue to demand the attention of innkeepers.
Last week an innkeeper reported to i Love Inns that she had just settled a lawsuit against her 8-room B&B because the inn’s website was not ADA compliant.
In this case, the lawsuit was for $25,000. Fortunately, she was able to settle for less, but the cost in attorney hours and the unsettling aspect of the situation was difficult.
These lawsuits are real. The targeted inns & B&Bs give the rest of us a minute to take action.
What is so hard for innkeepers to wrap their minds around is that the compliance is for websites – even if the property is exempt from handicap access requirements – the website still has to be usable by the disabled in most interpretations of the rulings.
Even if your inn is only 5 rooms or has historic exceptions, as of this past summer 2018, rulings have become more clear requiring WEBSITES to be “readable” by people with disabilities.
In a 2016 article family owned bed and breakfasts were not required to have their Websites readable by the disabled.
That has all changed.
In Feb. 2019, The Wall Street Journal noted an increase in such lawsuits, and in March 2019 this headline appeared: Ninth Circuit Ruling Bolsters ADA Website Accessibility Suits
Bed & Breakfasts seem to be a favorite target.
“Most complaints are for visually impaired individuals not being able to use ‘screen reader’ tools to read the website details out loud”, although there are additional situations and more requirements are developing.
According to Search Engine Journal, low cost, pre-fab, template-driven websites are less likely to be accessible and their owners are not educated on what they need to know.
Requirements can be researched here. Or read our recent article with 8 requirements. It’s a lot cheaper to make adjustments to your website than it is to go through a lawsuit.
From Law.com, Feb, 2019
“I think the only responsible thing to do, and frankly the correct thing to do from a business perspective, is to incorporate website accessibility into the design of your website,” Raizman said. “From a litigation perspective, to have a plan that you are comfortable that you can execute it and put it in writing. So that if it is not complete by the time you’re sued, at least you can point to it and say you are on track or ahead of schedule in completing this plan and we do not require the court’s intervention.”
“… companies should aim to comply with the Web Content Accessibility Guidelines 2.0, the international best practice standard. The guidelines include providing a text alternative for non-text content, such as photos, and creating alternative ways for content to be communicated.”
What We Heard From Innkeepers About ADA
States That Think They Are Immune “I attended a summit on legislature held by the California Hotel and Lodging Association and the conversation was about all the inns and properties getting hit with lawsuits for websites that aren’t ADA Compliant. The conversation touched on how other states think they are immune to these legal actions, and they aren’t.” Ruth, Coffee Creek Ranch, CA
ADA Compliant New Website “When you build websites are they ADA compliant?” Connie, Innkeeper
Photo Tagging for ADA “Thank you for your email on Photo Tagging – that is a new Google/ADA requirement. Will you do that for us?” Lee, owner
Small Inn But Served With a Lawsuit “As you are aware my little Inn, and several hotels/motels in the area, have been served with lawsuits declaring that the websites are not ADA compliant.”
Took Only A Few Days To Address the Issue “I contacted Diane Ringler at ILOVEINNs and within just a few days our website pages and photos that required ADA fixes were completed. I strongly recommend that this email be sent out to all restaurants, hotels, motels, vrbos, etc. as this is no joke. At a minimum, these lawsuits are settling for Thousands of $$$ and the cost of the FIX is minimal.”
Ask For A Review of Your Current Website
We run multiple diagnostic tests to review your website’s fonts, colors, shading, contrast, tabs, links and ease of use to accommodate ADA website requirements. We also run a report to check all the photos and images on your site to ensure they have the appropriate alt tags.
.Reports tell you exactly what has to be done to make the site compliant and give you a current score on the site. NOTE: We can also do the fixes outlined in these reports.
We also help with the right policy statement on your site and that you are listing all handicap-friendly features at the inn – if your property is PHYSICALLY compliant.
If you need help with ADA compliance on your website contact … DRingler@iloveinns.com or Concierge@ILoveInns.com –
Or simply click the button below or Phone 949 481-7276