REALTORS® in Texas have received demand letters alleging their brokerage websites are in violation of the Americans with Disabilities Act. These letters typically come from an attorney and include threats of litigation and demands for monetary compensation.

《十大网络彩票平台大全》如何影响网站?

The Americans with Disabilities Act is a federal law that prohibits discrimination against people with disabilities and ensures equal access and services to those individuals. The law focuses on places of public accommodation—facilities that are used by the public and affect commerce—and was written before websites were commonplace. 然而，美国.S. Department of Justice has held that if your business fits the definition of a place of public accommodation, 法律可能适用于你的网站.

The ADA’s requirement that businesses provide physically accessible spaces is undisputed. 然而，《十大网络彩票平台大全》对其在互联网上的应用却保持沉默. 没有司法部的指导, businesses have been left to struggle with if and how to comply with the ADA in their electronic spaces. 虽然不是ADA的一部分, the Web Content 可访问性 Guidelines (WCAG) standards have been adopted by federal agencies to bring their websites into ADA compliance. Also, these guidelines are often cited by courts as the standard for website accessibility.

最近的法院裁决

消费者已经转向法院解决住宿问题, resulting in a mounting body of case law finding that the ADA’s existing accessibility requirements do in fact apply to a business’s online presence.

在佛罗里达, 一位视力受损的消费者向《十大网络彩票平台大全》起诉了温-迪克西, 大型食品杂货连锁店(吉尔vs. Winn-Dixie Stores, Inc). The consumer alleged that the grocery store’s website was incompatible with screen-reading devices, thereby making the website inaccessible to 消费者 who used these devices. The court ruled that the ADA did apply to the grocery store’s website because the website was “heavily integrated” into the grocery store’s physical locations and operated as a “gateway” to the stores. The court ordered the grocery store to bring its website into compliance with WCAG standards.

In another case, a consumer in California filed suit against Domino’s Pizza (Robles vs. 达美乐披萨有限责任公司. This case alleged that the pizza chain’s website was incompatible with screen-reading devices, 防止使用这些设备的个人进行购买. Domino’s Pizza argued that the court should delay ruling in this case because the Department of Justice had not issued specific rules for websites. 拒绝该公司的论点, the court held that a business can be held in violation of the ADA even though the Department of Justice has not promulgated specific website accessibility standards. The court further held that the ADA applies to websites that act as a connection to a physical place of public accommodation.

美国也没有.S. 最高法院和美国.S. Fifth Circuit Court of Appeals, which covers Texas, has ruled on this matter.

你能做什么

There are no clear guidelines that will guarantee your website’s compliance with the Americans with Disabilities Act. However, the National Association of REALTORS® recommends the following actions:

  • Ask the person in charge of your website if he or she knows the accessibility standards adopted in the Web Content 可访问性 Guidelines (WCAG). 如果没有，那就雇一个有经验的人.
  • 使用WCAG标准审核企业网站的可访问性. 创建一个计划来解决任何确定的可访问性问题.
  • 在你的网站上发布无障碍政策和通知. NAR encourages members to use its accessibility statement on your website. You can find NAR’s statement via the 可访问性 link at the bottom of NAR’s homepage or at nar.2021十大正规彩票app经纪人/可访问性.

If you receive a demand letter alleging that your brokerage website violates the American with Disabilities Act, 联系你的律师.