(SAUSALITO, Calif., Oct. 10, 2019)— Not sure if your website is compliant with accessibility requirements—or if it even needs to be? Perhaps the best place to start is by taking a lesson from Domino's. According to featured speakers at the upcoming TravelAbility Summit, including an attorney who specializes in representing clients with Americans with Disabilities Act (ADA) claims, companies in the travel sector can learn a lot from Domino's recent ADA-related legal setback.

In 2016, Guillermo Robles filed a lawsuit against Domino's after he had attempted, at least two times, to order a pizza from the food chain's website and mobile app. At issue? Robles is blind, and uses screen-reading software that allow him successfully navigate websites. As it turns out, Dominos isn't one of them.

Robles is just one of an increasing number of people with disabilities in the USA who are suing businesses they say are discriminating against them by not providing accessible websites as required by the Americans with Disabilities Act (ADA). In fact, ADA web accessibility-related lawsuits increased 181% from 2017 to 2018, with 814 cases in 2017 and 2,285 lawsuits filed in 2018, according to tracking by the accessible technology firm UseableNet, who says the pace of ADA lawsuits is equivalent to one per hour.

Robles' case against Domino's, which was originally dismissed in 2017 by a district court judge in California, has now been active for more than three years—and gained more ground this month when the Supreme Court denied Domino's petition to hear its case and determine whether its website is required to be accessible to the disabled. Domino's position in its request to the Supreme Court was the ADA doesn't apply to websites and mobile apps since the law established in 1990 predates the birth of the modern web and no clear rules to follow regarding online accessibility exist.

According to legal experts, the Supreme Court's refusal to hear the case is a huge loss for the company and huge win for people with disabilities. It's also another warning sign for the travel and hospitality industry, says Stuart Tubis, an ADA defense attorney who will be presenting at TravelAbility Summit. “All travel-related businesses should understand the legal liability of having a public website that isn't accessible. It can cause a lawsuit." Tubis regularly counsels businesses on the full spectrum of ADA compliance and represents their interests in civil litigation and Department of Justice investigations.

Nate Lane, senior director of digital platforms, Travel Tripper & Pegasus, which specializes in helping hotels build accessibility into their websites, emphasizes the time is now to take the initiative. “Even before the Domino's ruling we looked at accessibility as something that was mandatory, because so many of the lawsuits had merit. My advice is to not bother to debate the merits of an accessible lawsuit, but be proactive because it's the right thing to do in the first place,” says Lane, who will also be presenting at the TravelAbility Summit.

When asked how to evaluate the range of accessibility service providers, Lane suggested that they should make sure they have travel-industry related expertise, use a holistic approach, and have verifiable references. “Many hotels get into trouble with multi-vertical vendors who don't understand the nuances,” Lane continued. “The effect of this ruling for existing vendors such as us, will be to enhance and bring accessibility offerings to even higher levels.”

The striking rise in accessibility-related lawsuits, as well as the latest ruling in the Domino's case, is causing some companies to review their policies to ensure their digital assets are, at a minimum, ADA compliant. But along with the bad news, there's some good news, says Jake Steinman, founder of the TravelAbility Summit. “Website accessibility is the latest trend in ADA litigation and this ruling essentially provides a green light for a whole new raft of predatory lawsuits by attorneys who will be using scraping technology to find retailers, including hotels and travel suppliers. That's the bad news, which is exacerbated by the fact that there are no clear standards and that huge gray area leaves a lot open to interpretation across the spectrum of companies, service providers, lawyers, judges, and people with disabilities. As a result, even companies that are trying to do the right thing are becoming the subject of lawsuits,” says Steinman. “On the other hand, awareness of travel accessibility lawsuits means there will be a surge in third-party accessibility web vendors offering solutions, which are needed now more than ever. That's good news for businesses, who should review their policies now to ensure they are adequately addressing online and on-site accessibility. The TravelAbility Summit, which is the first-ever conference to bring together the travel industry with product and service innovators dedicated to improving travel experiences for individuals with physical, visual, auditory and cognitive disabilities, can help them do that,” he added.

The conference, with the goal of making destinations accessible to everyone, will be held November 11-13, 2019, at the Hotel Kabuki in San Francisco. Travel professionals can register to attend the conference at http://travelabilitysummit.com/register/.

About the TravelAbility Summit

The TravelAbility Summit will be held from November 11-13, 2019 in San Francisco at the Hotel Kabuki, and is produced and presented by North American Journeys, a 22-year old company that specializes in “boutique” conferences and media for the tour and travel industry.  It is the first conference that brings together the travel industry with product and service innovators dedicated to improving travel experiences for individuals with disabilities—and the first conference held in the United States since 2003 focused on the accessible travel market.

The objective of the TravelAbility Summit is to provide attendees with an in-depth knowledge of the latest innovations and best practices currently in use, as well as a better understanding of the challenges that face travelers with disabilities. Additionally, the conference will focus on changing the perception of accessibility from a compliance issue to an important customer experience and business opportunity.

The TravelAbility Summit will open with a special LaunchPad session from 2:00pm to 5:00pm PT on November 11 featuring products, services and apps developed to make travel easier for people with disabilities, and will be followed by two full-day sessions of insightful workshops, panels, and networking opportunities on November 12 and 13.

Sponsors of the inaugural event include Eugene Cascades & Coast-Travel Lane County, the International Board of Credentialing and Continuing Education Standards (IBCCES), Presidio Trust, Simpleview, Travel Oregon, and the Moab Area Travel Council.

For more information about the conference and conference sponsors, as well as to view the conference agenda and register to attend, please visit www.TravelAbilitySummit.com.

SOURCE North American Journeys
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