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The background
As the World Wide Web entered the mainstream of our culture, the
disabled and their advocates have campaigned for greater accessibility to
the Internet for ALL. The great strides, they argue, that have assimilated
the disabled with the advent of the American's with Disabilities Act (ADA)
should be replicated on the Internet. And as early as 1996, the Department
of Justice was called on to provide its opinion on the matter.
To quote from that D.O.J. opinion:
"Covered entities under the ADA are required to provide
effective communication, regardless of whether they generally
communicate through print media, audio media, or computerized media such
as the Internet. Covered entities that use the Internet for
communications regarding their programs, goods, or services must be
prepared to offer those communications through accessible means as
well."
As web site owners and developers we are left to ponder the legal
implications of this opinion, to try to better understand the make up of
our disabled audience, and the extent to which they ought to be
accommodated.
To date, commercial entities have been favored in court rulings with
respect to the question, "who is a covered entity?" A recent ruling in the
Western District of Texas for instance favored a defendant in its opinion
that "...it believed that a company providing services over the internet
is not a physical place of public accommodation under the ADA."
And with respect to the wording 'accessible means', for the purpose of
this discussion let's assume that it connotes access to Internet content
using Internet media and not through alternative distribution on audio
tape or other means.
Accessibility Defined
Though we may dismiss the potential for regulation or litigation as
compelling reasons to make our sites meet accessibility criteria, we
should pause and consider if we are actually meeting the needs of our
visitors. Our preconceptions of who are the disabled might be rife with
misconception. Accessibility needs of the 'audience' can either be
dictated by physical limitations or by man-made restrictions. If we take
an inventory of those that are physically impaired, we find individuals
that:
- May not be able to see, hear, move, or may not be able to process
some types of information easily or at all.
- May have difficulty reading or comprehending text.
- May not have or be able to use a keyboard or mouse.
- May have an early version of a browser, a different browser
entirely, a voice browser, or a different operating system.
- May have a text-only screen, a small screen, or a slow Internet
connection.
- May not speak or understand fluently the language in which the
document is written.
- May be in a situation where their eyes, ears, or hands are busy or
interfered with (e.g., driving to work, working in a loud environment,
etc.).
A Call for Action
Relatively simple tools exist to rectify these obstacles. Developers
and content providers can, with a little effort and adherence to a set of
guidelines, make sites available to the physically challenged. At the same
time, this effort will provide improved access to those with environmental
limitations.
Surely the call to meet accessibility needs is more pressing for some
sites than for others. For some site owners, internal guidelines or
funding sources may dictate that their site conform to an accessibility
plan. For others it is a matter of knowing their audience and acting
accordingly. Even for the site owner that has no authority forcing the ADA
card and does not anticipate an audience of disabled visitors, there are
solid arguments in favor of promoting an accessible web presence.
Even if you anticipate a small minority of disabled viewers (and who
can honestly estimate such things), there is an ethical obligation to
service ALL potential visitors.
In meeting the needs for the disabled, you provide greater access to
those with self-imposed obstacles.
Unimpaired visitors to an "ADA Compliant" site may actually find it
easier to use than a non-compliant site (I for one always switch to the
IRS' "Text Only" site from their official, graphic site come tax time).
Sites that meet accessibility guidelines are VERY search engine
friendly. While I don't have the stats to back this assertion, I expect
that that the boost in search engine traffic garnered by the addition of
an "ADA Compliant" site will more than offset additional costs.
It's good for public relations.
What governs ADA compliance on the web?
It this time, there are no standards that 'govern' ADA compliance for
web site content. That is not to say that some organizations may be bound
by a set of procedures that result in a level of compliance.
That said, their does exist an international body that publishes
Internet standards - The World Wide Web Consortium (W3C). Their "Web
Content Accessibility Guidelines 1.0 - W3C Recommendation 5-May-1999" is
the standard for site developers and content publishers to follow when
preparing an accessible web site.
[W3C was created in October 1994 to lead the World Wide Web to its
full potential by developing common protocols that promote its evolution
and ensure its interoperability. W3C has more than 400 Member
organizations from around the world and has earned international
recognition for its contributions to the growth of the Web.]
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Thanks to
http://internet.snp.com/ada.html / SNP Technologies for the use
of this document... |