Web and Mobile Accessibility

This topic includes all settlement agreements, press releases, legal updates and other articles on Lainey Feingold's website about web and mobile access, also known as digital access. Lainey has been working on this issue since she and her colleagues negotiated the country's first financial institution web accessibility agreement with Bank of America in 2000.

DOJ Delays Web Accessibility Regulations

Posted on Updated on March 10, 2016
Earlier this month the United States Department of Justice admitted what many of us have suspected: we will not be seeing web accessibility regulations in the United States for commercial and public entities any time soon. Some time in 2013 at the earliest. In July, 2010, the Department issued what is called an Advanced Notice of Proposed Rule Making indicating that it was planning to issue regulations about web accessibility. The step after an “Advanced Notice” is a “Notice of Proposed Rule Making” (NPRM). After that is the rule itself. In its semi-annual regulatory agenda for Spring 2011, however, the DOJ called the NPRM for Web Accessibility a “Long Term Item” not expected until December, 2012. That’s well over a year from now. And it is close to two years after the public comment period on the Advanced Notice closed, and almost two and one half years after the DOJ announced the possible regulations in July, 2010. Read more… DOJ Delays Web Accessibility Regulations

Court Rules in Favor of JetBlue – Airline Websites and Kiosks Not Covered by State Law

Posted on Updated on March 10, 2016
In a blow to the rights of people with disabilities in California and across the country, a second United States federal judge has ruled that state anti-discrimination laws do not apply to airline websites and kiosks. In a closely watched case against JetBlue Airways, Judge Joseph Spero ruled on August 3, 2011 that regulations issued by the United States Department of Transportation — no matter how weak and ineffective — strip away the rights California residents with visual impairments to access and use JetBlue’s website and airport kiosks. The Judge threw the case out of court on the airline’s motion to dismiss. In doing so, he followed in the footsteps of another federal District Court Judge in California who ruled in April that because of the federal Department of Transportation’s actions, United Airlines was free to have airline check-in kiosks that cannot be used by people with disabilities. Read more… Court Rules in Favor of JetBlue – Airline Websites and Kiosks Not Covered by State Law

JetBlue Court Ruling Appealed

Posted on Updated on March 10, 2016
The Plaintiffs in the accessibility lawsuit against JetBlue Airways have filed a Notice of Appeal in the Ninth Circuit Court of Appeals. The Notice is the first step in their effort to reverse the District Court’s August 3, 2011 order that threw the case out of court. The lawsuit is about JetBlue’s website and airport kiosks that are not accessible to people with visual impairments. The lower court ruled that California state law protecting the civil rights of persons with disabilities does not apply to airline websites and kiosks. The court’s ruling only applies to airline web sites and kiosks, and does not affect legal advocacy efforts seeking access to other websites or kiosks. Read more… JetBlue Court Ruling Appealed

Comments Due January 9, 2012 on DOT Web and Kiosk Proposal

Posted on Updated on March 10, 2016
The United States Department of Transportation is currently seeking public comments to its proposed regulations about accessible airline websites and check-in kiosks. The Department is using a new “user friendly” on-line platform to encourage comments, which are due January 9, 2012. The DOT proposed regulations have many positive aspects. However, there are also significant parts of the proposal that need to be strengthened to ensure full equality for people with disabilities in air travel. (Certainly the regulations should not be “killed” as one commenter on the new platform has already suggested). This post contains information on key aspects of the DOT proposal and information about submitting comments. Read more… Comments Due January 9, 2012 on DOT Web and Kiosk Proposal

CSUN Technology and Persons with Disability Conference 2012

Posted on Updated on March 10, 2016
Lainey Feingold will be presenting two times at the 27th Annual International Technology and Persons with Disabilities Conference in San Diego in late February – early March, 2012. Commonly referred to as CSUN, the abbreviation for conference sponsor California State University Northridge, the conference is the largest conference of its kind on technology and people with disabilities. Read more… CSUN Technology and Persons with Disability Conference 2012

Federal Judge Rules that ADA Covers Web-only Businesses

Posted on Updated on March 10, 2016
Those who believe that web content should be available to everyone regardless of disability received welcomed news on Tuesday, June 19. On that day, a federal district court judge in Massachusetts held that the Americans with Disabilities Act (ADA) applies to web-only businesses. The ruling came in a case brought by the National Association of the Deaf (NAD) against Netflix for the streaming video giant’s faiure to provide closed captioning on most of its “Watch Instantly” programming streamed on the Internet. Netflix had tried to get the case thrown out of court, arguing that the ADA only applies to physical places, and not to a web-only operation like Netflix’ streaming video service. The Judge rejected this argument, and the case will now move forward. The U.S. Department of Justice also played a significant role by entering the case in support of the plaintiffs’ position. Read more… Federal Judge Rules that ADA Covers Web-only Businesses

Weight Watchers Announces Comprehensive Accessibility Initiative

Posted on Updated on March 10, 2016
Congratulations Weight Watchers! Posted here is a press release announcing Weight Watcher’s commitment to digital accessibility for its members and subscribers who are blind and visually impaired. Weight Watchers will use the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA as the standard for its online and mobile application content, and will be providing print material in accessible formats for persons with visual impairments who cannot read standard print. Weight Watchers worked on this initiative in Structured Negotiations with the American Council of the Blind and individual blind Weight Watchers members. They were represented by the Law Office of Lainey Feingold and Linda Dardarian of the Oakland, California civil rights firm Goldstein, Borgen, Dardarian & Ho. Read more… Weight Watchers Announces Comprehensive Accessibility Initiative

More Delay for DOJ Web Regs – Does it Matter?

Posted on Updated on March 10, 2016
Surprise Surprise. The United States Department of Justice has announced another delay in its long awaited web accessibility regulations. Does it matter? Even though it can’t seem to issue web accessibility regulations, the United States Department of Justice has recently been a forceful advocate for web accessibility. The Department has been crystal clear that the ADA requires websites to be accessible. Read more… More Delay for DOJ Web Regs – Does it Matter?