Episode 5: What You Need to Know about Digital ADA Compliance

Guest: Jon Bomberger, Faegre Baker Daniels LLP

Find out what every shopping center professional needs to know about digital ADA compliance. What does Title III mean for your website and mobile app? What should you do now to make sure you’re compliant?

In this episode:

1:50 – Americans with disabilities act, which was passed in the early 90’s when there was no Internet. Websites are now faced with the question do they need to be accessible under the ADA.
2:49 – ADA applies to all public facing websites.
4:10 – Courts initially resisted applying ADA standards to web sites.
5:32 – What does it mean to have an ADA accessible website? There hasn’t been an official standard for digital or website accessibility.
8:20 – There are tests that you can obtain on the Internet and more sophisticated test that you can buy to determine where your shortcomings are.
9:45 – Department of justice can respond to complaints about accessibility.
10:49 – Over the past 5 years there has been an explosion of private lawsuits against a diverse range of businesses.
14:25 – In 2016 there were approximately 620 cases filed in federal court. 2018 there were approximately 2900.
15:40 – Many states have their own version of the ADA.
18:31 – Key takeaway is that growth in the law, the first cases were all whether or not a website was a public accommodation.
22:07 – The big risk is the private plaintiff.
26:00 – If you get a letter and someone says you are not compliant, what do you do? 1. Don’t panic. 2. Seek Counsel. 3. Check to see if there is insurance available. 4. Determine if allegations are true.