ADA And State Disability Laws
We are often asked about compliance with the Americans with Disabilities Act. There is a reasonably strong argument, supported by court decisions, that a stand-alone business operating as a website with no physical presence may not be covered by the ADA. But without prolonged litigation we will not know for sure, and there is contradictory law on the point. Absent court decisions deciding whether states can enforce state disability laws, it may be that you will have to accommodate the disabled even if the ADA does not require it. If your website is a robust ecommerce site taking payments and selling goods, and you market or sell to residents within a particular state, you probably have to comply with that state’s laws.
We could discuss the legal issues in detail, but that is a legal exercise better left to the litigation environment. This is about solutions, and there are none on the legal front. For the small commercial website, the business solution is really quite simple....