Microassist

Digital Accessibility Digest

Home » Digital Accessibility Digest » Top “Accessibility in the News” Stories So Far this Year (2019)

Top “Accessibility in the News” Stories So Far this Year (2019)

By   |    |    |  

2019 Mid-Year Recap - Accessibility in the News Top Stories

This week we review the stories that garnered significant news coverage during the first half of 2019. It’s a mix, of course: Canada and the EU passed important accessibility legislation. On the legal front it has been another big year, the newest targets include, wineries, art galleries, and restaurants. Several big-name lawsuits have finally come to an end with interesting results. Local governments in Florida have been bombarded with lawsuits.

Each of these ten subjects solidly earned their place as one of the Top “Accessibility in the News” Stories this first half of 2019, setting quite the stage for the rest of the year:

Have changes/additions/suggestions? Let me know!

New York Subways: Metropolitan Transportation Authority Faces Litigation Over Lack of Accessibility

Back in January, in a very tragic turn of events, a young woman died after falling down the stairs in a subway station in New York. The woman, 22 years old, was trying to carry her baby in a stroller down stairs in a station that lacked an elevator. The story of NYC subway stations lacking accessibility continues from last year when the MTA was sued for omitting elevators in station upgrades. In 2018 the MTA attempted to reconcile their accessibility woes by announcing a plan to install elevators in more stations, and by hiring an accessibility officer to oversee improvements.  However, a recent study found only about a quarter of New York subway stations are fully accessible.

Domino’s Lawsuit Sets Precedent: Websites and Apps Are Covered by ADA

In a lawsuit that was initiated against Domino’s in 2016, the plaintiff claimed the Domino’s website was inaccessible to blind users trying to order pizza online. In recent years there have been many cases like this, however very few make it through the court system to upper level courts. In this case a lower court found, that since the Department of Justice has not specified rules on how to make websites accessible, it would be a Constitutional due process violation to order Domino’s to meet these unspecified guidelines even though the ADA did apply to Domino’s website. The U.S. Ninth Circuit Court of Appeals disagreed, stating that Domino’s had “been on notice that its online offerings must effectively communicate with its disabled customers and facilitate ‘full and equal enjoyment’ of Domino’s goods and services,” thereby requiring them to abide by the ADA. However, the circuit court ruling failed to further outline any rules, sending the case back down to a lower court to determine if “Domino’s website and app provide the blind with effective communication and full and equal enjoyment of its products and services as the ADA mandates.” Many retailers throughout the US who have been under legal fire are seeking clarity on this issue to avoid future lawsuits. In July, the Retail Litigation Center and the National Retail Federation asked for the Supreme Court to rule on the Domino’s case, with the hopes of setting a standard to be used in ADA web accessibility claims.

Kroger Avoids Litigation Through Website Remediation

Last month a New York judge dismissed a case that had been in the works against the supermarket chain Kroger. This was big news for other retailers looking to avoid web accessibility lawsuits as it was the first to be dismissed under a mootness defense. Kroger’s defense was that they had been abiding by WCAG 2.0 standards, which at the time the lawsuit was filed, were slightly outdated before WCAG 2.1 was released. In addition, Kroger updated its entire website to be completely accessible and committed to keeping it that way. Despite escaping litigation earlier this year, just this month Kroger made news again when they settled a disability discrimination lawsuit for $40,000.

Bill C-81 Passes in Canada

In June of 2018 the Canadian federal government announced they would be introducing a new bill to help create a barrier-free Canada. Bill C-81, “the Accessible Canada Act: An Act to Ensure a Barrier-free Canada,” is Canada’s first national legislation on accessibility. This June, twelve months after being introduced, the bill was passed through the House of Commons and the Senate. The bill aims to create standards and regulations regarding accessibility for people with disabilities across the public and private sector including digital accessibility standards. Allowing the government to seek out areas that need improved accessibility and adjust regulations based on the needs of the time, which will help the government adapt to problems faced in the ever-changing digital landscape.

The European Accessibility Act is Approved by European Parliament

This year the EU passed the European Accessibility Act (EAA) putting into place a framework of accessibility regulations, off which different countries can build. The EAA focuses on a group products and services, most of which are in the digital realm. The list includes products like computers, smartphones, tablets, e-readers, televisions, and services like banking and ATM services, websites and mobile apps. Some disability rights activists were disappointed that the act did not also include household appliances, or fully address some key concerns like transportation and building accessibility However the act was well received by Europeans with disabilities overall.

Uber and Lyft Hit with Lawsuits Claiming Lack of Access

The two ridesharing giants, Uber and Lyft, have come under more fire this year for not providing proper service to wheelchair users. Both companies have been sued in the past for disability discrimination. Where the plaintiffs claimed there was not equal access to wheelchair accessible vehicles, leaving users stranded for hours. Both companies have tried to improve their fleet of accessible vehicles, but it seems they will need to step up their game to avoid future litigation.

Accessibility in Gaming: Microsoft’s Adaptive Controller, Expanded in Game Accessibility Options Becoming the Norm

After Microsoft’s release of their adaptive controller for the Xbox, there has been a huge push in the industry to make gaming accessible. To add to the adaptive controller, this year Microsoft leaked plans for a controller with a built-in braille display. Other big gaming companies like Electronic Arts and Ubisoft have made accessibility options a priority in new releases. This has led other smaller companies to follow suit, allowing players to adjust gameplay to fit their needs, with features like remappable controls, sensitivity settings, better and more readable subtitles, and color adjustments.

Florida Shows That Governmental Websites Aren’t Exempt from Accessibility Litigation

Florida and New York have a history of website accessibility lawsuits. In 2018 the two states accounted for 2140 of the 2258 lawsuits filed throughout the entire country. It is not surprising, then, that in 2019 these lawsuits began targeting local government websites in Florida. Several central Florida municipalities have been targeted due to lack of accessibility of records posted on their websites. In many cases the records in question are scanned versions of old paper documents. The municipalities are now responsible for updating their websites to abide by ADA guidelines.

This Year in Accessibility Lawsuits: Hardest Hit Include Wineries, Art Galleries, and Restaurants

The story of website accessibility lawsuits has been in the news now for years. With many plaintiffs filing serial lawsuits against any non-compliant company they find. According to an analysis conducted by Seyfarth Shaw, in 2018 there were 2285 ADA website lawsuits filed in the US, which was up 177 percent compared to 2017. So far 2019 is looking to top that number. The list of targets only continues to increase, but the industries that have been hit hard this year are wineries, and art galleries.

Accessibility in Politics: From Campaigns to Voting

Coming off the midterm elections back in November, accessible voting has been a hot topic this year. With approximately one fifth of eligible voters in the US having a disability, accessibility in polling places is crucial for a large part of the vote. Many states and municipalities already have laws in place about accessible polling places, while others face lawsuits when they fail to adhere to standards.  However, it is not uncommon for the disabled to be lost and forgotten on the political stage. This was solidified last month when in the first two Democratic debates not a single candidate mentioned people with disabilities.


Subscribe to Accessibility in the News

Stay informed! Get your weekly update on digital accessibility standards, private and public sector trends, litigation, events, and more.

Name(Required)
This field is for validation purposes and should be left unchanged.

MENU