California to reconsider bill aiding small businesses in reducing ADA website lawsuits in 2022.
A California Bill Aims to Reduce Website Accessibility Lawsuits
A California bill aimed at tackling website accessibility lawsuits is set to return to the California Legislature next year. The bill, known as AB 1757, is undergoing amendments to create a standard for businesses to follow that meets international World Wide Web standards and the state’s requirements, including those under the American Disabilities Act.
The bill, introduced by the Assembly’s Committee on Judiciary, has the potential to put an end to lawsuits that have been financially devastating for small business owners.
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The bill’s executive summary states that it aims to encourage businesses to create websites that comply with a specified website standard, in order to help small businesses comply with disability access laws and ensure more websites are accessible.
Currently, businesses with non-compliant websites can face fines of up to $4,000 under state law.
If passed, the proposed bill would hold website developers directly responsible for inaccessible websites, allowing them to be sued directly.
Supporters of the bill include the California Apartment Association, the California Restaurant Association, the Civil Justice Association of California, and the California Council of the Blind, among others.
The bill’s supporters argue that it strikes a balance between business interests and consumer protection, providing clear direction to business owners and helping them avoid unnecessary lawsuits.
However, opponents of the bill argue that the international guidelines set forth by the World Wide Web Consortium, known as Web Content Accessibility Guidelines (WCAG), are insufficient.
EcomBack, a website accessibility development firm, also opposes the bill, stating that an updated version of WCAG falls short of meeting accessibility standards under the American Disabilities Act.
In response, the bill’s authors refute these claims, stating that WCAG guidelines have been relied upon as standards for compliance in court settlements and consent decrees.
A companion bill, AB 1404, authored by Assemblywoman Wendy Carrillo, aims to protect small businesses by requiring a written advisory to be sent to businesses sued for website accessibility issues. This advisory would help businesses without legal counsel to be aware of lawsuits and take appropriate action.
The companion bill has already passed the Assembly floor unanimously and is currently making its way through various Senate committees. If it passes the Senate floor, it will return to the Assembly for a revote.
What steps can the bill take to protect the rights of individuals with disabilities and ensure equal access to information and services in the digital age, while also considering the potential burden on businesses
Argue that it would provide much-needed clarity and guidance for businesses, preventing them from being sued for minor accessibility issues. They also argue that it would incentivize businesses to make their websites accessible to all, improving the overall user experience for individuals with disabilities.
Opponents of the bill, on the other hand, argue that it could lead to a decrease in website innovation, as developers may be hesitant to create new features or designs out of fear of being held liable for accessibility issues. They also argue that the bill may burden small businesses with additional compliance costs.
Proponents of the bill emphasize that it is necessary to protect the rights of individuals with disabilities and ensure equal access to information and services in the digital age. They argue that the bill promotes inclusivity and diversity, which aligns with California’s values.
Critics of the bill, however, argue that it could lead to a surge in lawsuits as individuals or advocacy groups may exploit the legislation for personal gain. They argue that it could create a legal environment that encourages frivolous lawsuits rather than promoting genuine accessibility improvements.
The bill has sparked debate among lawmakers, disability rights advocates, business owners, and web developers. It highlights the ongoing challenge of balancing the need for accessibility with the potential financial and legal burdens it may impose on businesses.
As the bill undergoes amendments, it is crucial for stakeholders to actively engage in discussions and provide input to ensure that the final legislation strikes a fair balance between accessibility requirements and the concerns of businesses.
Ultimately, the goal of the bill is to reduce website accessibility lawsuits while promoting inclusivity and ensuring equal access for individuals with disabilities. It remains to be seen how the proposed legislation will evolve and whether it will effectively address the challenges faced by businesses and individuals alike.
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