After learning about something unfortunate that happened to a Hampton business owner this past summer, the Clarion Chamber has recently worked to make their members aware of some little known rules. These rules are regarding Americans with Disabilities Act (ADA) accessibility on business’s websites.
The attention to this issue arose in the area after the Chamber learned about what happened to Russ Gibson, owner of Christensen Jewelry, in Hampton. Gibson was recently fined because the store’s website was not up to ADA standards and was therefore in violation of the ADA and the California Unruh Civil Rights Act.
Gibson had received a notice of the violations in a letter from the Law Office of Olga Nazimova, a law firm based out of San Diego. The letter said the law firm’s client, who is blind, called the law office to report the violations because the website was not fully accessible to persons with blindness or visual impairment, which, in turn, prevented the client from being able to shop at the website.
Gibson said when he received the letter, he initially thought it was a hoax but follow-up consultations with various legal counsel and his insurance company determined the letter was legitimate. An eventual teleconference with his own lawyer and the California lawyer determined that Gibson’s best course of action was to pay the fines. According to the information obtained by the Clarion Chamber, Gibson’s fine was very hefty. The violations were $4,000.00 each, and in this case, there were 12 for a total of $48,000 in fines.
Clarion Chamber Director Ali Disney explained the situation in a letter to members recently. She said, “because websites are now considered ‘places of public accommodation,’ they are required to comply with the ADA, ensuring that the website content is accessible to persons with disabilities.”
To rectify the inaccessibility issues, both Gibson and now the Clarion Chamber, used the same solution for their websites. A third-party tool provided by a company called accessiBe can be installed on a website to allow those with disabilities to access all features on a website. Once installed, an icon will appear on the lower corner of a website. When clicked on, options are available for those who are blind or have epilepsy, ADHD and more.
The accessibility service of course comes with a price. The cost for the tool is $490 per year. Disney encourages Clarion businesses to seriously consider it. “We are asking you to think of this like insurance,” she said. “You aren't required to have it, but something could happen, or someone with a disability could try to access your website, and it could lead to issues if you are not compliant.”
After his experience, Gibson agrees. “This was a lot of stress, and any business owner doesn’t need all that added stress right now,” he said. “My biggest concern is that people get ADA compliant and avoid themselves a lot of heartaches and a lot of headaches.”
