Website Accessibility Information for Independent Retailers
Website accessibility, which is the function of adding features to your business website to make it easier for those with disabilities to navigate is a necessary topic for small business owners to be aware of in 2024.
Thus, we felt compelled to provide some context and guidance for all the small business owners we work with (or will work with) about it’s potential impact.
A business’s website, like its physical locations, may be required to have enhanced technical tools specifically designed for people with disabilities.
Doing so is a specialized software development service beyond the scope of New Media Retailer’s marketing services.
For those businesses that must meet these standards, we suggest exploring two vendors (listed below) that provide a website tool that can run on your business website to offer accessibility features for those with disabilities.
Either company listed above can consult you on what your website accessibility requirements may be.
Further Details on Website Accessibility Tools
Their tool is installed on a website and provides tools that those with disabilities can use to navigate your site. It may look something like this (the red box on the left of the screen below):
The “widget” or tool is typically placed on the bottom left hand side of a website and once clicked, provides accessibility tools for those with disabilities.
If, after consultation with an accessibility expert or qualified attorney, you decide this is necessary for your business – New Media Retailer will handle the installation for free if you decide you need to hire one of these vendors.
For those businesses that do require a tool like this, but fail to include one on their website, may be have legal liability depending on specific local, state or federal laws.
This is not legal advice and New Media Retailer is not qualified to offer legal recommendations on whether your business requires this type of accessibility feature. We are simply notifying you that some businesses may need this feature and encourage you to investigate whether this applies to you.
Our goal is always to put your best interest first, which is why we are providing this notification and free installation service.
For further context about the current state of web accessibility please continue reading below.
Thanks for choosing New Media Retailer, we aim, as always to provide your business with the most up-to-date information about current trends and requirements in online marketing.
Further Details Regarding the Application of The Americans with Disability Act to Website Accessibility
Americans with Disabilities Act
A lot has changed since the ADA was enacted in 1990, when far fewer people used the internet, and disability-based discrimination mainly occurred in person. The ADA provides standards required for businesses’ physical locations to properly accommodate disabled individuals, and while it originally included limited, if any, regulatory guidance for the internet, websites, or mobile applications; the ADA also does not expressly limit its coverage to physical or brick-and-mortar locations or otherwise exclude online locations.
As the internet has grown in importance, the interpretation of the ADA has been expanded by the Department of Justice (“DOJ”) and U.S. courts to include websites and mobile applications. The regulations and varied court interpretations of what constitutes successful accessibility of a website or mobile application are nuanced and technically complex.
Currently, some businesses are being sued and held liable for failing to meet the quickly changing accessibility standards. Many groups have lobbied (so far, unsuccessfully) for clearer, more specific, and easier-to-navigate online accessibility standards.
The original ADA does not explicitly identify websites as “places of public accommodation.” The DOJ and U.S. courts’ opinions provide a “places of public accommodation” framework on how to apply the ADA’s requirements to websites, mobile applications, and other digital content. However, the courts are split on whether “places of public accommodation” are limited solely to physical spaces or businesses that operate a physical location and a website.
The Responsibility of Small Business Owners
In short, the ADA’s requirement for accessibility may apply to your business’ website. Unless and until a formal policy becomes law, courts and regulators will likely continue to cite the Web Content Accessibility Guidelines (WCAG) as the standard for ADA compliance, and things will be decided on in individual court cases.
I want to clarify that this is not legal advice, and we make no representation of providing legal counsel. The information above is subject to change and is provided only for context on the current state of web accessibility as we understand it. For a detailed and professional legal perspective, please consult a qualified attorney or website accessibility expert.
Our goal is just to provide the most relevant information we currently have at our disposal.
Now, an entire software development industry exists to focus specifically on providing website accessibility services to businesses. These companies do not build and manage websites but are specialists in maintaining website or mobile application accessibility.
Suggested Vendors
For these reasons, we want to share two vendors that we strongly encourage you to engage with to learn about their services and how they can assist you in the specialized services related to website accessibility.
UserWay.Org
Accessibe.Com
These businesses offer website development services to assist your business with accessibility compliance by designing and developing your website according to the WCAG’s current standard.
The good news is that as your trusted website agency, we are committed to doing everything we can to support you. For our clients who pursue a relationship with either of these vendors, we will integrate the programming code necessary for these services to run FREE of charge from New Media Retailer. You will incur the cost of the vendor’s licensing or service packages but receive no additional fee from New Media Retailer.
Further Details from New Media Retailer
While we endeavor to meet up-to-date accessibility services we are not an accessibility agency, we are not attorneys and do not provide legal advice, nor can we guarantee the use of our services, nor the services of these vendors will guarantee you will not be sued, nor can we guarantee any outcome in an ADA action against you or your company.
We are not attorneys, and you are solely responsible for your business’s compliance with any applicable accessibility state, local, or federal laws.
At New Media Retailer, we do make a serious effort to adhere to best practices outlined in WCAG and provide documentation regarding accessibility compliance efforts, which are always linked in the footer of your website. But, this may be insufficient given the nature of your business and the regulations in your specific jurisdiction.
It remains your sole legal and professional responsibility to seek legal counsel regarding your ADA compliance and accessibility responsibilities at a local, state, and federal level and to take necessary action to ensure your website’s compliance, which may include actions above and beyond our recommendations.