Arizona Bill Would Prevent Someone From Suing A Business Over Website Accessibility

Published: Thursday, April 6, 2017 - 7:03am
Updated: Thursday, April 6, 2017 - 8:54am

Last year, thousands of Valley businesses were sued by a controversial disability group over minor parking violations stemming from the Americans with Disabilities Act. Now, some business groups want to make sure businesses aren’t targeted again.

There’s nothing in the ADA that requires a business to make their Websites accessible to someone who is blind or visually impaired.

As Senate Bill 1406 was moving through the legislature last week, language was added that would prevent someone from suing businesses over website accessibility. It’s like a preemptive strike until the issue is resolved.

"The federal courts are still interpreting whether the ADA does apply to websites or not," said Mike Huckins with the Greater Phoenix Chamber of Commerce.
Larry Wanger, who is with the Arizona Statewide Independent Living Council, doesn’t like this wait and see approach. That’s because he said it could be years before this issue is actually resolved.
"This amendment websites are required to be accessible until the ADA is amended or the case is heard in the Supreme Court," Wanger said. "There is no case in the Supreme Court at this time."
Huckins said while most businesses try to comply with the ADA, often they don’t realize they aren’t until a complaint is filed.

For Wanger and others, this issue like many others boils down to access - and having the same rights as those who don’t have a disability.