Businesses Agree to Make Websites Accessible
8/20/2004
Yesterday, Elliott Spitzer, Attorney General for the State of New York, announced a settlement where Ramada.com and Priceline.com have agreed to make their websites accessible to the blind. The settlement came because
[t]he Attorney General opined that the Americans With Disabilities Act requires that private web sites be accessible to blind and visually impaired Internet users. The ADA generally dictates that all “places of public accommodation” and all “goods, services, facilities, privileges, advantages, or accommodations” of places of public accommodation, must be made accessible to disabled citizens, absent undue hardship. New York law provides similar civil rights protections.
Priceline and Ramada will reimburse the state for its costs as well as make necessary changes to their sites. Priceline has reportedly already begun work to make its website more accessible, and, according to the Washington Post sought to reassure investors that the settlement is not a blow to the company’s bottom line.
[Priceline's Brian] Ek said the firm encourages other firms to do the same. He said the firm isn’t releasing the cost of making the entire site accessible for the visually disabled, but said it won’t be enough to reduce earnings.
Our Analysis of The Settlement
This settlement is particularly interesting in light of a previous ruling that determined the opposite. That case (02-21734-C1V – Access Now/Gumson vs. Southwest Airlines) turned on the fact that the web does not occupy physical space; the judge believed Congress’s specificity in defining public accommodations limited the act to physical space. That Spitzer believed otherwise is precedent setting. As the businesses in question clearly engaged in commercial operations, they can be defined as public accommodations. The Internet was not contemplated when the ADA was written, but in 2000, a Congressional hearing concluded: