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  • Digital Accessibility Lawsuit Targets Contractors

    The recent case of Bryan Bashin vs. ReserveCalifornia.com has opened the door to a new type of accessibility lawsuit. It’s not just website owners being held accountable—government contractors who build and maintain websites are now in the spotlight too.

    This case is important for developers, designers, and accessibility experts working on government websites, as it sets a strong example of what can happen when accessibility isn’t prioritized. More importantly, it serves as a wake-up call for businesses and contractors alike to understand that accessibility is not just an option but a legal necessity. Failure to comply with accessibility standards could result in costly lawsuits and reputational damage.

    In today’s digital world, ensuring that everyone, including people with disabilities, can use your website is not just good practice—it’s the law.

    Case Overview: A New Direction

    Bryan Bashin, who is visually impaired, sued ReserveCalifornia.com, claiming the site was inaccessible to people with disabilities. This violated both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. What made this case different? Bashin didn’t go after the website owner, California State Parks—he targeted the contractors who created and managed the site.

    ReserveCalifornia.com is a key website for booking campsites and other outdoor activities in state parks. Because it wasn’t fully accessible, users who depend on assistive technologies, like screen readers, had trouble navigating it. By focusing on the developers, Bashin’s lawsuit sends a clear message: if you’re responsible for public websites, you must meet digital accessibility standards—or you could face legal action.

    The Laws: Unruh Act and ADA Title II

    This case relies on two important laws: California’s Unruh Civil Rights Act and the updated ADA Title II rules for government websites.

    • Unruh Act: This California law allows people with disabilities to sue organizations that don’t make their services accessible. Bashin used this law to seek damages, which gave him additional legal options beyond the federal ADA.
    • ADA Title II: This part of the ADA focuses on making sure government services, programs, and activities—including websites—are accessible. Recent updates have strengthened these rules, making it clear that public websites must meet accessibility standards. Bashin’s lawsuit shows how these laws are evolving, putting contractors in the spotlight.

    What It Means for Web Developers: Widespread Impacts

    While this lawsuit happened in California, its effects could reach across the country. The Unruh Act may be specific to California, but ADA Title II applies nationwide. Developers working on public sector projects need to understand that ignoring accessibility could lead to serious risks, especially as more governments crack down on non-compliance.

    Developers and contractors are expected to follow the Web Content Accessibility Guidelines (WCAG), the international standard for digital accessibility. Not meeting these standards puts them at risk of lawsuits like Bashin’s, and the $2 million settlement in this case shows that courts are willing to hold developers accountable.

    What is the WCAG?

    WCAG is the go-to guide for making websites accessible to people with disabilities, such as those who are blind, deaf, or have cognitive challenges. It focuses on making content:

    • Perceivable: Users must be able to experience content, whether through text, images, or other formats like captions.
    • Operable: Users should be able to navigate the site with different tools like a mouse, keyboard, or voice commands.
    • Understandable: The site’s information and operations should be clear and easy to use.
    • Robust: The site should work with current and future assistive technologies.

    For developers, following WCAG not only ensures legal compliance but also opens websites to a wider audience and improves overall user experience.

    Why WCAG Matters

    You might ask yourself, “Why should I care about WCAG compliance?” First and foremost, it helps make your website accessible to a wider audience. If your site isn’t usable for people with disabilities, you could be missing out on potential customers. In a digital age where online shopping and information-seeking are essential, excluding anyone based on accessibility is not just unfair—it’s bad for business.

    Moreover, the Bashin case shows that failing to meet accessibility standards can lead to legal consequences. As more digital accessibility lawsuits arise, companies that don’t prioritize compliance could face significant financial penalties. By adhering to WCAG guidelines, you protect yourself from legal issues and show that you care about your users.

    Best Practices for Developers and Digital Accessibility Experts

    Bashin’s case is a reminder that developers and consultants must make digital accessibility a priority from the start. It’s no longer enough to just create a good-looking or functional website—it has to work for everyone, including people with disabilities.

    Here’s what developers and business owners should focus on:

    • WCAG Knowledge: Work with developers who understand WCAG standards and have experience making accessible sites.
    • Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast.
    • Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about digital accessibility.
    • Ongoing Monitoring: Accessibility isn’t a one-time job. Websites need regular testing to stay compliant. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
    • Stay Informed and Up-to-Date: Digital accessibility standards and regulations change over time. Make any necessary updates to your website to remain compliant.

    The Bigger Picture: Nationwide Repercussions

    The Bryan Bashin vs. ReserveCalifornia.com case is a strong reminder for developers everywhere: accessibility is no longer optional. By holding government contractors accountable for digital accessibility violations, this case sets a powerful precedent. Developers and accessibility experts must be proactive and make sure all public-facing websites—especially those for government services—comply with WCAG and other accessibility standards. The future of digital accessibility enforcement is here, and developers need to stay ahead to avoid costly legal risks.


    To avoid the risks of costly legal action and make sure your website is accessible to everyone, now is the time to act. Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your site is at risk of a lawsuit and provide fast, effective ADA compliance solutions so you can focus on what matters most: running your business.

    Greg McNeil

    October 10, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Bryan Bashin vs. ReserveCalifornia.com, Unruh Civil Rights Act, web developers
  • Understanding the Limitations for Unruh Act

    Understanding the Limitations for Unruh Act

    The Unruh Civil Rights Act (Unruh Act) is a critical piece of California legislation that ensures everyone is entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Initially passed in 1959, it is a cornerstone of California’s commitment to prohibiting discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.

    With the increasing number of online transactions and the expansion of e-commerce, there has been a notable rise in Unruh Act claims related to web accessibility, making it more important than ever for businesses to understand their legal obligations.

    Expansion to Online Businesses

    While the act initially focused on physical spaces like hotels, restaurants, and stores, its application has expanded to cover online businesses. Many online businesses, particularly those that have recently moved into the digital space, may not fully realize that their websites and apps are considered ‘places of public accommodation’ under the Unruh Act. This oversight can lead to unintentional violations and subsequent legal action.

    Common Scenarios for Unruh Act Claims

    Businesses that fail to comply with the Unruh Act can face serious legal consequences. The act allows individuals who have experienced discrimination to file lawsuits against offending businesses. In recent years, one of the most prominent areas of litigation under the Unruh Act has been web accessibility. Here’s a closer look at a landmark case:

    Robles v. Domino’s Pizza

    One of the most notable cases involving the Unruh Act is Robles v. Domino’s Pizza. In this case, Guillermo Robles, a blind man, sued Domino’s Pizza, claiming that the company’s website and mobile app were inaccessible to visually impaired users who rely on screen readers. Robles argued that this lack of accessibility violated both the Americans with Disabilities Act (ADA) and the Unruh Act.

    The case eventually made its way to the Ninth Circuit Court of Appeals, which ruled in favor of Robles. The court affirmed that websites and mobile apps are considered places of public accommodation under both the ADA and the Unruh Act.

    The Robles case has set a significant precedent, leading to increased scrutiny of businesses’ digital accessibility efforts. Since this ruling, numerous lawsuits have been filed against companies that fail to provide accessible online services, highlighting the importance of proactive compliance.

    Statute of Limitations for Unruh Act Claims

    In legal terms, the statute of limitations is a set period during which a person must file a lawsuit or claim after an event occurs. It helps protect both sides: the person bringing the case (plaintiff) and the person being sued (defendant). This time limit ensures that cases are addressed in a reasonable amount of time and prevents legal actions from dragging on forever.

    Timeframes for Filing Claims

    In California, the timeframe for filing a claim under the Unruh Act depends on how the claim is handled.

    • Through the California Civil Rights Department (CRD): If a plaintiff wants to file a claim through the CRD, they must do so within one year from the date of the alleged discrimination.
    • Privately: If the claim is filed privately, not through the CRD, the timeframe extends to two years from the date of the discriminatory act.

    Consequences of Missing the Deadline

    Missing the statute of limitations for an Unruh Act claim can have significant consequences. For plaintiffs, it means the loss of the opportunity to seek compensation for the harm they have suffered. This could include financial damages and the chance to force a business to change its discriminatory practices.

    Missing the deadline does not absolve businesses of the underlying issue. While they may avoid a particular lawsuit, the continued failure to comply with the Unruh Act leaves them vulnerable to future claims. Moreover, the reputational damage associated with non-compliance can negatively impact customer trust and loyalty.

    It’s also worth noting that businesses that repeatedly fail to comply with the Unruh Act may become targets for serial litigants—individuals who seek out violations specifically to file lawsuits. This can result in multiple lawsuits, leading to substantial legal fees, settlements, and other costs.

    Protecting Your Online Business

    Given the complexities and potential risks associated with the Unruh Act, online businesses must take proactive steps to ensure compliance. This is where partnering with a knowledgeable and experienced firm like 216digital can make a significant difference.

    216digital’s Accessibility Services

    At 216digital, we specialize in web accessibility and compliance services designed to protect businesses from the legal risks associated with the Unruh Act and other similar regulations. Our comprehensive approach includes:

    • Accessibility Audits: We conduct thorough accessibility audits of your website or app to identify potential issues that could lead to Unruh Act claims. Our audits cover both automated and manual testing methods to ensure that all aspects of accessibility are addressed.
    • Remediation Services: Once issues are identified, we provide expert remediation services to bring your digital properties into compliance. This includes making necessary code changes, optimizing for assistive technologies, and ensuring all content is accessible.
    • Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
    • Consulting and Training: We offer consulting services to help your team understand the requirements of the Unruh Act and other accessibility laws. Additionally, we provide training to ensure your team maintains compliance as you update and expand your digital presence.

    By partnering with 216digital, you can protect your business from the risks of Unruh Act claims and demonstrate your commitment to inclusivity and accessibility, which can enhance your brand reputation and customer loyalty.

    Wrapping Up

    The Unruh Civil Rights Act is a powerful tool for protecting the rights of individuals in California, and its application to online businesses underscores the importance of web accessibility. Understanding the limitations of the Unruh Act, including the statute of limitations for filing claims, is essential for both individuals seeking to enforce their rights and businesses aiming to avoid legal pitfalls.

    For businesses, the best defense against Unruh Act claims is a proactive approach to web accessibility. By working with an expert partner like 216digital, you can ensure that your online presence fully complies with the law, protecting your business from legal risks while enhancing the user experience for all visitors.

    Greg McNeil

    August 26, 2024
    Legal Compliance
    digital accessibility, Unruh Act, Unruh Civil Rights Act, Web Accessibility, Website Accessibility
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