Each year, litigation related to the accessibility of websites for people with disabilities continues to increase. Most jurisdictions have determined that websites are places of public accommodation that are subject to the Americans with Disabilities Act (“ADA”). Unfortunately, for some time, the Department of Justice (“DOJ”), tasked with ADA regulation and enforcement, has refused to provide standards for ADA website compliance. In this regulatory vacuum, U.S. courts have taken the lead and often directed businesses to meet Website Content Accessibility Guidelines (“WCAG”) 2.0 Level AA success criteria for ADA website compliance. Against this backdrop, on October 2, 2020, Congressmen Ted Budd (R-NC) and Lou Correa (D-CA) introduced the Online Accessibility Act (the “Act”) in the House of Representatives in an attempt to create a technical standard for ADA website compliance.
What are the key points of the Act?[Read More]