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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.
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.).
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.
At 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.]
The aforementioned W3C document prioritizes accessibility recommendations ("checkpoints") on a scale of 1 to 3, with 1 being the most pronounced. For instance, "Provide a text equivalent for every non-text [graphic] element" is a Priority 1 checkpoint, whereas "Create a logical tab order through links, form controls, and objects" is a Priority 3 checkpoint.
A site that meets only Priority 1 recommendations can boast Conformance Level "A"; Conformance Level "Double-A" if all Priority 1 and 2 checkpoints are satisfied; and Conformance Level "Triple-A": if all Priority 1, 2, and 3 checkpoints are satisfied.
Meeting the checkpoint criteria favors assistive technologies such as screen readers and Braille displays;
allows the user to customize their view of the site using browser preferences; and supports good design practices that make the site easier to navigate and comprehend for all.
Now the reality is that current Internet technology has promoted design techniques that do not support accessibility.
Many techniques that we use to benefit mainstream visitors are not friendly to assistive technologies.
SNP recommends that in most cases, the site owner invest in a two web
sites, one that meets the needs of the mainstream audience and one that is optimized for accessibility.
For those that go the route of two sites, they should cross-link with one another. The non-ADA site would maintain its presence on the primary domain, e.g. www.snp.com. The ADA site may reside on a sub-domain, e.g. ada.snp.com, or on a child web of your primary domain, e.g., www.snp.com/ada. Another alternative is to refer to the site as "plain-text" rather than ADA. A plain-text site can go a step further than the W3C guidelines by eliminating graphics altogether.
Once the task of building the accessible site is complete, how does one put it to the test? Software tools exist that can analyze a site for conformance to the W3C guidelines (for example 'Bobby' from CAST), but their accuracy can not stand up to formal usability testing with those who are access-impaired. If that is not practical, one can also check their site on a variety of browsers, including a screen reader such as pwWebSpeak.
Not much relative to the cost of building your primary site, and a whole lot less than defending yourself against litigation (however remote).
Most sites of moderate size can be converted in a day or two. If one elects to host their ADA site on a unique sub-domain, such as ada.yourdomain.com, additional hosting fees will come into play. Hosting the site as a child web would not incur additional hosting fees.
The D.O.J. ADA Home Page
(also a very good example of an ADA Compliant web site).
The W3C Web Content Accessibility Guidelines
1.0
Bobby
The Productivity Works
Links to a bounty of other resources
SNP welcomes your comments and inquiries on this topic. Contact mike@snp.com.
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