California to reconsider bill aiding small businesses in reducing ADA website lawsuits in 2022.
A California Bill Aims to Improve Website Accessibility and Reduce Lawsuits
A California bill aimed at reducing lawsuits against businesses with inaccessible websites for users with disabilities is set to return to the California Legislature next year. The bill, known as AB 1757, is undergoing amendments to create a standard for businesses to follow that meets international World Wide Web standards and the state’s requirements, including those under the American Disabilities Act.
The bill, introduced by the Assembly’s Committee on Judiciary, has the potential to put an end to lawsuits that have been financially devastating for small business owners.
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The bill’s executive summary states, ”In an effort to help small businesses comply with the law regarding website disability access and to ensure more websites are accessible, this bill seeks to encourage businesses to create websites that comply with a specified website standard.”
Currently, businesses with non-compliant websites can face fines of up to $4,000 under state law.
If passed, the proposed bill would hold website developers directly responsible for inaccessible websites, allowing them to be sued directly.
Supporters of the bill include the California Apartment Association, the California Restaurant Association, the Civil Justice Association of California, and the California Council of the Blind, among others.
The bill’s opponents argue that the international guidelines set forth by the World Wide Web Consortium, known as Web Content Accessibility Guidelines (WCAG), are insufficient.
In response, the bill’s authors refute these claims, stating that WCAG guidelines have been relied upon as standards for compliance in court settlements and consent decrees.
A companion bill, AB 1404, authored by Assemblywoman Wendy Carrillo, aims to protect small businesses by requiring a written advisory to be sent to businesses sued for website accessibility issues. This advisory would help businesses without legal counsel to be aware of lawsuits and take appropriate action.
The companion bill has already passed the Assembly floor unanimously and is currently making its way through various Senate committees. If it passes the Senate floor, it will return to the Assembly for a revote.
How can businesses ensure that their websites are accessible to individuals with disabilities?
That are accessible to individuals with disabilities. By providing a clear standard based on internationally recognized guidelines and state requirements, businesses will have the necessary guidance to make their websites accessible, thereby reducing the risk of lawsuits.”
Website accessibility has become a significant issue in recent years as more people rely on the internet for various activities, including shopping, banking, and accessing information. However, many websites are not designed to accommodate individuals with disabilities, making it difficult or impossible for them to fully participate in online activities. This lack of accessibility not only excludes a significant portion of the population from accessing essential services but also violates their rights as outlined in the American Disabilities Act.
According to Disability Rights California, a statewide organization advocating for the rights of individuals with disabilities, there has been a surge in lawsuits against businesses with inaccessible websites. These lawsuits have primarily targeted small businesses, resulting in significant financial burdens and even closures. While the aim of these lawsuits is to promote accessibility, the current approach has created an environment of fear and uncertainty for business owners.
AB 1757 aims to address these issues by providing a standardized framework for businesses to follow. The bill references internationally recognized World Wide Web Consortium (W3C) accessibility guidelines, such as the Web Content Accessibility Guidelines (WCAG), which provide recommendations for making web content more accessible to individuals with disabilities. By aligning with these standards, businesses can ensure that their websites are accessible to individuals with different disabilities, including those with visual, hearing, and mobility impairments.
The bill also emphasizes the importance of engaging individuals with disabilities in the development and testing of website accessibility features. By involving the end-users in the design process, businesses can gain invaluable insights and ensure that their websites meet the diverse needs of individuals with disabilities.
In addition to the accessibility standards, AB 1757 proposes measures to provide businesses with educational resources and technical assistance to help them comply with the accessibility requirements. This additional support is crucial, especially for small businesses that may have limited resources and expertise in web development. By offering guidance and assistance, the bill aims to empower businesses to improve their website accessibility without the fear of litigation.
The potential impact of AB 1757 goes beyond reducing lawsuits. By promoting website accessibility, businesses will be able to reach a wider customer base, including individuals with disabilities. According to the Centers for Disease Control and Prevention, approximately one in four adults in the United States has a disability, highlighting the significant market potential that businesses can tap into by prioritizing accessibility.
While AB 1757 is a step in the right direction, it remains to be seen how effective it will be in practice. The bill’s success will depend on its implementation and enforcement, as well as the availability of resources and support for businesses to achieve compliance. However, it represents a critical effort towards improving website accessibility and ensuring equal access to online services for individuals with disabilities.
As the bill progresses through the legislative process, it is essential to recognize the importance of accessible websites for individuals with disabilities. By embracing accessibility as a fundamental principle, businesses can not only comply with legal requirements but also foster inclusivity and enhance their reputation as socially responsible entities. Ultimately, ensuring website accessibility is about promoting a more inclusive and equitable society, where everyone has the opportunity to fully participate in the digital age.
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