It is hard to believe that it’s already time for the Accessibility in the News Mid-Year Recap. The first half of this year has flown by, but not without its fair share of big news stories. Here are a collection of stories that have made headlines this year. Our list includes long running sagas we have covered previously, like the Winn-Dixie and Domino’s web accessibility cases, and the downfalls of accessibility overlays. To ever evolving stories like the impact of COVID-19 on accessibility, and how the new White House Administration has tackled the issue of accessibility and inclusion.
Top Topics of 2020
This Year in Digital Accessibility Lawsuits | Winn-Dixie and Domino’s
Criticism Mounts Towards Accessibility Overlays | Whitehouse Commits To Accessibility
Accessibility Throughout COVID-19 | Transportation Accessibility
Fashion | Conclusion
This Year in Digital Accessibility Lawsuits, What Industries Have Been Hit the Hardest?
As has been the trend over the past decade, 2021 has seen an increase in digital accessibility litigation when compared to this point in 2020. Among the industries hardest hit are eCommerce, banking, and the food service industry. Some of the big name targets so far this year have been the Golden State Warriors, Robinhood, Instacart, Uber, and Wine.com. Jason Taylor at UsableNet has produced a thorough mid-year report on digital accessibility lawsuits that highlights case numbers, industries hardest hit, and some other interesting stats.
January 8, 2021 – Bill to Establish Web Accessibility Guidelines Fails to Pass – SHRM
January 27, 2021 – Website ADA Lawsuit Filed Against Golden State Warriors – Klein Moynihan Turco
February 5, 2021 – Robinhood Sued in Class Action, Alleging Website Inaccessibility and Discrimination Against Blind Users – Fredrikson Law
February 8, 2021 – Funimation Faces Class-Action Lawsuit for Allegedly Violating Americans with Disabilities Act – Anime News Network
February 24, 2021 – Beyond Ramps And Handrails: Accessibility Is Also Important For Property Websites – Forbes
February 25, 2021 – The Pandemic Slowed 2020 Federal ADA Title III Filings But 2021 May Be a Record Breaker – Seyfarth Shaw
March 16, 2021 – Court Denies Uber’s Motion to Dismiss ADA Discrimination Complaint – Law Street Media
April 2, 2021 – Instacart Sued for Alleged ADA Violations – Law Street Media
April 9, 2021 – ADA Lawsuit Targets Wine.com – Wine Business
April 28, 2021 – Federal Website Accessibility Lawsuits Increased in 2020 Despite Mid-Year Pandemic Lull – Seyfarth Shaw
April 29, 2021 – EEOC Sues Walmart for Disability Discrimination – EEOC
May 18, 2021 – Lawsuit Claims Wine Retailer’s Website isn’t ADA Compliant – Wine Business
May 19, 2021 – Audit reveals top 50 retail websites are not compliant with accessibility guidelines – Internet Retailing
Winn-Dixie and Domino’s
This year two high profile digital accessibility cases made their way back into the news. The first of which was a reversal of decision made in 2017. Wherein Winn-Dixie, a grocery store chain based in Jacksonville, FL, was found in violation of the ADA for not providing an accessible web page for blind customers. In 2017 the Southern District court of Florida ruled that though the website did not allow for the sale of any items it still acted as a place of public accommodation since customers could use the website as a nexus to physical stores. On April 11, 2021, the Circuit Court reversed this decision essentially ruling that websites are not places of public accommodation and therefore not covered under the ADA. Ken Nakata at Converge Accessibility has written an excellent summary of what this ruling means for the future of digital accessibility.
On a more uplifting note, on June 23rd, The California Central District Court granted the Plaintiff’s motion for summary judgement. A case five years in the making saw a ruling that was a big win for digital accessibility. Judge Jesus Bernal ruled that Domino’s violated Title III of the ADA by not providing a website that was fully accessible. The ruling claims that although their website is not in itself a place of public accommodation, an inaccessible website “impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.” The court ordered Domino’s to bring their website into compliance with WCAG 2.0 AA standards.
The rulings handed down from the Eleventh Circuit decision regarding Winn-Dixie and the Ninth Circuit regarding Domino’s are obviously in stark contrast to one another, however, this is not a new trend. The differing interpretations of the Americans with Disabilities Act as it pertains to digital accessibility has been going on for years and until we receive more clear legislation pertaining to digital accessibility or have a Supreme Court ruling on such a case these rules will remain largely unclear. Earlier this year the proposed Online Accessibility Act, which was proposed last year in an attempt to reduced confusion around digital accessibility, failed to pass in Congress leaving this issue unresolved for the foreseeable future.
April 7, 2021 – Websites Not Bound by ADA Accessibility Rules, 11th Circuit Finds – Courthouse News Service
April 8, 2021 – Winn-Dixie Wins Legal Suit, Maybe Shoots Self in Foot – JD Supra
April 11, 2021 – Narrow Winn-Dixie Court Opinion Limits Certain Types of Web Accessibility Lawsuits in three U.S. States – Lainey Feingold
April 20, 2021 – Appeals Court Finds Grocer’s Website Did Not Violate Americans with Disabilities Act – Duane Morris
June 7, 2021 – Blind Winn-Dixie Customer Further Appeals Website Access Ruling – Bloomberg Law
June 16, 2021 – Federal Courts Disagree Over Accessibility Online – The Regulatory Review
June 25, 2021 – Domino’s accessibility lawsuit update – Sheri Byrne-Haber
June 25, 2021 – Another Big Win in the Domino’s Pizza Accessibility Saga – Lainey Feingold
June 25, 2021 – Court finds Domino’s Pizza Violated the ADA by Having an Inaccessible Website and Orders WCAG Compliance – Seyfarth Shaw
June 30, 2021 – Domino’s Website Violated Americans With Disabilities Act, Judge Finds – Digital News Daily
June 30, 2021 – California Federal Court Holds Domino’s Website Violates the ADA, Limits Penalties Under Unruh Act to $4,000 – Bryan Cave Leighton Paisner
Criticism Continues to Mount Towards Accessibility Overlays
Digital accessibility can be a complex subject, there are many nuances on how to conform to all the rules, and even the most accessible websites will sometimes encounter bugs or issues that prevent them from being fully accessible. However, with the fear of litigation constantly looming, many companies have resorted to quick fix solutions that claim to make their websites accessible. Accessibility overlays and widgets have become quite popular over the past few years, but as Adrian Roselli has outlined in his well-researched article “#accessiBe Will Get You Sued”, a silver bullet solution is not the answer.
Many accessibility advocates have spoken out against accessibility overlays this year. In June the National Federation for the Blind (NFB) released a statement addressing the most popular of these companies, accessiBe. In their statement the NFB stated that “accessiBe currently engages in behavior that is harmful to the advancement of blind people in society. In particular, it is the opinion of the Board that accessiBe peremptorily and scornfully dismisses the concerns blind people have about its products and its approach to accessibility. The Board is deeply concerned that the company treats blind access technology experts shabbily and disrespectfully in private meetings and disparages the blind in the press and their other communications. It seems that accessiBe fails to acknowledge that blind experts and regular screen reader users know what is accessible and what is not.”
May 5, 2021 – Avoid AccessiBe & other companies claiming quick & easy AI accessibility – Haben Girma
May 9, 2021 – Blind people, advocates slam company claiming to make websites ADA compliant – NBC News
May 13, 2021 – Accessibility Advocates Sign Open Letter Urging People Not To Use AccesiBe and Other Overlay Products – Word Press Tavern
June 24, 2021 – National Convention Sponsorship Statement Regarding accessiBe – National Federation of the Blind
June 26, 2021 – Largest U.S. Blind Advocacy Group Bans Web Accessibility Overlay Giant AccessiBe From Its National Convention – Forbes
New Whitehouse Administration Commits To Accessibility
With a new administration stepping into the White House in January 2021, the bar had been set quite low for accessibility expectations in the previous administration. However, the Biden administration has made accessibility a priority from the inauguration onward. Biden has signed executive orders addressing accessibility, the first of which addressed voting accessibility. “The order directs the National Institute of Standards and Technology (NIST)—in consultation with the Department of Justice, the Election Assistance Commission, and other agencies—to analyze barriers to private and independent voting for people with disabilities, including access to voter registration, voting technology, voting by mail, polling locations, and poll worker training.” An additional executive order of note was to increase diversity, equity, inclusion, and accessibility in the Federal workforce. Other initiatives that the current administration has implemented include raised minimum wage for federal employees, a COVID-19 relief bill with explicit implications for people with disabilities, and increased Medicare coverage for America’s growing senior population.
January 17, 2021 – How Biden’s Proposed Paid Leave Would Work – New York Times
January 18, 2021 – Biden Plan Would End Subminimum Wage, Offer Stimulus Checks To More With Disabilities – Disability Scoop
January 20, 2021 – WhiteHouse.gov now has dark mode – The Verge
January 25, 2021 – Under Trump, WhiteHouse.gov was a disaster. Biden’s team revamped it in 6 weeks – Fast Company
January 25, 2021 – White House commits to sign language interpreter at every press briefing – The Hill
February 2, 2021 – White House Doubles Down On Accessibility – Disability Scoop
March 7, 2021 – Fact Sheet: President Biden to Sign Executive Order to Promote Voting Access – The White House
March 9, 2021 – Exclusive: Biden appoints Clare Martorana to lead the White House’s digital efforts – Fast Company
April 23, 2021 – In 1st, White House to provide American Sign Language interpretation for Biden address to Congress – ABC News
June 25, 2021 – Biden executive order aims to further equity, inclusiveness in federal hiring – Washington Post
July 6, 2021 – Biden’s diversity and inclusion EO highlights struggling federal internship program – Federal News Network
Accessibility Throughout COVID-19
The disabled community has faced many hardships throughout COVID-19 from the initial inability to access and use school, work, and consumer digital assets, to the unemployment problem when lockdown began, to inaccessible absentee voting last November. Although awareness for accessibility has definitely increased and some problems have seen improvement, other issues have popped up.
Voting
After a contentious election last Fall, many voters with disabilities who were left out of the political discourse due to inaccessibility have filed lawsuits against their state or local jurisdictions. So far this year several cases on ADA accessibility of polling places have been settled including in North Carolina and Arkansas. In addition, President Biden has passed an executive order to increase voting accessibility which will hopefully have wide reaching effects on how disabled people participate in elections moving forward.
January 12, 2021 – Justice Department Reaches Agreement with the Board of Election Commissioners for the City of St. Louis to Ensure Polling Place Accessibility for Voters with Disabilities – US DOJ
February 17, 2021 – Voting in 2020 Was Less Fraught for Disabled Voters Than in Years Past – Courthouse News Service
February 18, 2021 – Mail Voting Boosted Turnout for Voters With Disabilities. Will Lawmakers Let It Continue? – TIME
March 7, 2021 – ‘Let the people vote’: Biden signs executive order to expand voting access – NBC News
March 7, 2021 – Executive Order on Promoting Access to Voting – The White House
March 12, 2021 – Maryland Legislators Aim for Better Voter Accessibility – US News
May 13, 2021 – Disability rights advocates push back against GOP voting legislation – Wisconsin State Journal
June 16, 2021 – Justice Department Reaches Agreement with Newton County, Arkansas and its Board of Election Commissioners to Ensure Polling Place Accessibility for Voters with Disabilities – US DOJ
June 22, 2021 – Judge Rules For Blind Voters In NC Accessibility Case – WFAE 90.7
July 8, 2021 – Enhancing Accessibility in U.S. Elections – Center for American Progress
Vaccinations
With vaccination numbers ramping up across the country earlier this year people with disabilities, one of the most vulnerable populations in the country, faced many roadblocks to immunization. From difficulty booking vaccine appointments, to lack of prioritization for the disabled community, the struggle for accessibility in vaccines while the pandemic raged on put many lives at risk.
January 26, 2021 – Gov. Abbott explains plan to make COVID vaccine accessible for residents with disabilities – Fox 29
February 12, 2021 – California Puts People With Disabilities Back On COVID-19 Vaccine Priority List – Huff Post
February 23, 2021 – Vaccination plans must include disability community’s needs – Johns Hopkins University
February 24, 2021 – The COVID vaccine system is unfair to those who need the shots most. This was predictable. – USA Today
February 25, 2021 – COVID-19 vaccine websites violate disability laws, create inequity for the blind – Los Angeles Times
February 26, 2021 – 7 tangible ways to make vaccine websites more accessible – Fast Company
February 26, 2021 – Activists ask state to move Michiganders with disabilities up on vaccine priority list – Michigan Public Radio
March 1, 2021 – How Inequity Gets Built Into America’s Vaccination System – ProPublica
March 3, 2021 – The COVID-19 Vaccine Rollout Fails to Prioritize People With Disabilities – She Knows
March 5, 2021 – Arizona’s disabled community wants priority for vaccine, more accessibility – KTAR News
March 8, 2021 – ADA Concerns Raised Over COVID-19 Vaccine Rollout – Disability Scoop
March 12, 2021 – People with Disabilities Are Experiencing Barriers to COVID-19 Vaccination – Verywell Health
April 1, 2021 – For the Disabled, Getting Vaccinated Can Be an Obstacle Course – NY City Lens
April 5, 2021 – Six Tips For Making Vaccination Registration Websites More Accessible For All – Forbes
Struggles Of Quarantine
COVID-19 has disproportionately affected the disabled community. The pandemic itself has resulted in a much higher death rate for people with disabilities than the national average. The Deaf community has struggled with reading lips when people are required to wear masks leading to see-through masks, which serve as protection while also allowing for better communication. New issues have continued as well, from stimulus checks making individuals ineligible for disability benefits, to outdoor dining spaces impeding sidewalk accessibility. At the same time the pandemic has resulted in an increased awareness of accessibility needs which will hopefully result in lasting change.
January 17, 2021 – The US Government Needs to Invest in Digital Design – Wired
January 17, 2021 – Robust Disability Employee Networks Key To Shaping Post-Pandemic Workplace Inclusion – Forbes
January 23, 2021 – COVID-19 pandemic boosts visibility of sign language, increases accessibility for deaf community – 10 News
January 29, 2021 – Deaf People Face Unique Challenges As Pandemic Drags On – The Verge
February 18, 2021 – Virtual Conferences Aren’t as Accessible as You Might Think – Scientific American
February 24, 2021 – What Miami’s COVID-19 dashboard gets right and wrong – The Miami Student
March 31, 2021 – 3 Ways To Help Disabled People Through The End Of The Pandemic – Forbes
April 6, 2021 – Covid Closed Theaters. But It Also Made Them Accessible. – NY Times
April 22, 2021 – Pandemic hits workers with disabilities hard – Monadnock Ledger Transcript
May 11, 2021 – What Your Disabled Friends Want You To Know About ‘Going Back To Normal’ Post-Vaccine – Huff Post
June 1, 2021 – How people with disabilities are sticking together during COVID-19 – Shareable
June 3, 2021 – Why the Pandemic May Have Had an Immeasurable Impact on the Deaf Community – NBC News
June 3, 2021 – Curbside pickup boosts accessibility for people with ADHD and autism – CNET
June 3, 2021 – Colorado Government Websites Still Aren’t Accessible To Many People With Disabilities. But New Funding Could Finally Change That – CPR News
June 4, 2021 – Report: Nearly Half of Popular Federal Websites Fail Accessibility Tests – Next Gov
June 10, 2021 – New York City Workers with Disabilities Fight for Inclusion in Pandemic Recovery, Mayoral Race – Labor Notes
June 22, 2021 – Popular federal websites riddled with accessibility flaws – Federal News Network
June 29, 2021 – Accessibility becomes a hot issue where new dining areas have been built – KEYT
Transportation Accessibility
This year has seen some good strides in transportation accessibility across the United States. However, given the lack of accessibility in this area even 31 years after the signing of the ADA, there is still much left to be desired. At the top of this list is the New York Metro Transit Authority (MTA), which is always a hot topic when it comes to accessibility. Given that the New York subway was first opened in 1904 many stations have never been retrofitted to be fully accessible. The MTA faces a continuous barrage of lawsuits as it inadequately attempts to keep up with the demand for accessible stations. The MTA has hoped to mitigate frustration by taking actions like appointing a Chief Accessibility Officer, and laying out future accessibility goals. However, currently only a little over one fourth of New York’s subway stations have an elevator, which means they will likely continue to be a topic of access inequality in years to come.
January 25, 2021 – Union Square Curves Add Accessibility Challenge to $100M Makeover – The City
January 29, 2021 – $2.25 Million Fund Available in Justice Department Settlement with Amtrak – US DOJ
February 5, 2021 – MTA’s Pandemic Federal Wish List Seeks $8B For Subway Elevators, Escalators And More – Patch
February 5, 2021 – Westerly train station on list for Amtrak settlement with patrons who have mobility disabilities – The Westerly Sun
February 15, 2021 – Holdrege Amtrak station covered by settlement over alleged ADA violations – Hastings Tribune
March 4, 2021 – Grim LA Metro Bus Accessibility- that’s if the bus will even stop says gay disabled rider – Los Angeles Blade
March 10, 2021 – Disability advocates call for accessibility as WA plans for transportation package – KUOW
March 17, 2021 – MTA Refuses To Disclose Legal Cost Of Fighting Accessibility Lawsuits – Gothamist
March 25, 2021 – $2.25 million fund available in Justice Department settlement with Amtrak – Times Republic
April 2, 2021 – MTA Eyes More Developer Incentives For Accessibility Upgrades – Brooklyn Paper
April 5, 2021 – Get accessible subways on track – NY Daily News
May 2, 2021 – Tackling the MTA’s accessibility problems – City and State NY
May 20, 2021 – NYC Transit’s ex-accessibility honcho broke ethics rules: MTA investigation found – NY Daily News
May 20, 2021 – Ex-MTA accessibility czar leaked confidential info to contractor: watchdog – NY Post
May 23, 2021 – ‘Mobility As A Service’ Concept Promises To Revolutionize Transport Accessibility – Forbes
May 27, 2021 – A $10B federal proposal to improve transit station accessibility – Smart Cities Dive
June 2, 2021 – MTA’s Midtown Manhattan 57 St NQRW Station now accessible to all riders – Mass Transit Magazine
July 2, 2021 – Philadelphia challenge looks to use AR to improve transit accessibility – Smart Cities Dive
June 6, 2021 – Making a more accessible NYC subway system for all – AMNY
Fashion
This year accessibility in the beauty and fashion industry has started to gain traction. One of the biggest stories in accessible fashion came when Nike announced a new accessible and fashionable shoe, Nike GO FlyEase. The shoes which were made with the disability community in mind, was initially well received. However, with limited supply being made Nike began receiving negative feedback for using the disability community as a marketing strategy without actually providing the shoes to the community they were supposedly designed for.
January 12, 2021 – When It Comes to Shoes, I’m Putting Accessibility Before Fashion – Charcot Marie Tooth News
January 17, 2021 – A Model Who Uses A Wheelchair Is Working To Bring More Physical Diversity To Fashion – Buzz Feed News
January 27, 2021 – Molly Burke on the Best and Worst Beauty Packaging for Blind People – Allure
February 2, 2021 – ‘Any individual can make a change’: Inspiration behind Nike’s accessible shoe line encourages others to use their voice – 7 News Boston
February 3, 2021 – A teen with cerebral palsy asked Nike for more accessible shoes—and they keep on delivering – Upworthy
February 23, 2021 – Accessible Beauty: How People with Visual Impairments Access Make-Up – Healthline
March 10, 2021 – The Less Accessible Aspects of the Latest in Accessible Footwear – Dorkaholics
March 16, 2021 – Beauty brands are improving accessibility for visually impaired customers – Glossy
March 20, 2021 – How Luxury Brands Are Approaching Accessibility – Salon Prive
March 28, 2021 – Nike Accused Of ‘Using Disability’ To Hype New Hands-Free Sneaker – NPR
April 1, 2021 – Fashion find of the week: Tommy Hilfiger adaptive collection delivers style for different abilities – Pittsburgh Post Gazette
May 3, 2021 – Nike upsets disabled community with limited supply of its ‘Go FlyEase’ shoe – Input
May 11, 2021 – TikTok user calls out Nike over new ‘accessible’ footwear: ‘So hyped up’ – Yahoo Finance
Conclusion
With six months behind us, 2021 has already been filled with many challenges, awakenings, and success. Although it feels as if certain aspects of the pandemic are winding down, things remain uncertain, and the toll that COVID-19 has taken and continues to take on our world will be with us for a long time. COVID-19 has not had a positive impact on many aspects of our lives, however, I believe that through this new global accessibility awareness we have and will continue to see an increase of understanding and action towards a more accessible future. This past year more than ever I have appreciated all of your continued support. I hope we can all continue to make a positive change on this planet together.
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