An analysis of U.S. website accessibility court cases: are standalone websites subject to ADA requirements?

Millions of people have physical or mental limitations that make it difficult or impossible to access web content and fully participate in the online marketplace. Because many small businesses and web developers do not take such issues into consideration when building or updating a website, many web pages are incompatible with assistive technologies and are therefore inaccessible. The remedy often involves a suit filed under the Americans with Disabilities Act (ADA). This study provides a systematic analysis of ADA-related judicial rulings pertaining to companies that operate a purely standalone commercial website with no physical place open to the public. The results clearly reveal that there is no consensus amongst federal courts over whether ADA Title III applies to website-only businesses. It is also apparent that the problems addressed in this study are pervasive, and there are no simple solutions. Maintaining disabled user rights under the law, and reducing the number of inaccessible websites, will require a multidimensional approach. Congress and the DOJ need to specify that websites must be accessible and provide regulations outlining how a website can be ADA compliant. This will provide guidance to the judicial system. Technology companies need to develop screen readers that are better able to handle submenus and pop-up windows. Website owners need to be motivated to spend the time and money necessary to make their sites accessible. Moreover, website developers need better tools and training to help them design accessible websites more quickly and effectively.