Is Your Adult Web Site Accessible to the Disabled ?

ablYes, you read that correctly – your adult website has to be ADA compliant. You may be asking what does ADA compliance have to do with websites. However, just like restrooms, parking places and two story buildings with stairs – your website will have to offer the means so that people with disabilities may access and enjoy your products.

What does this mean exactly ? Here is a list of suggestions from the Department of Health and Human Services on how your website may be compliant;

  • Every image, video file, audio file, plug-in, etc. has an alt tag
  • Complex graphics are accompanied by detailed text descriptions
  • The alt descriptions describe the purpose of the objects
  • If an image is also used as a link, make sure the alt tag describes the graphic and the link destination
  • Decorative graphics with no other function have empty alt descriptions (alt= “”)
  • Add captions to videos
  • Add audio descriptions
  • Create text transcript
  • Create a link to the video rather than embedding it into web pages
  • Add a link to the media player download
  • Add an additional link to the text transcript
  • The page should provide alternative links to the Image Map
  • The <area> tags must contain an alt attribute
  • Data tables have the column and row headers appropriately identified (using the <th> tag)
  • Tables used strictly for layout purposes do NOT have header rows or columns
  • Table cells are associated with the appropriate headers (e.g. with the id, headers, scope and/or axis HTML attributes)
  • Make sure the page does not contain repeatedly flashing images
  • Check to make sure the page does not contain a strobe effect
  • A link is provided to a disability-accessible page where the plug-in can be downloaded
  • All Java applets, scripts and plug-ins (including Acrobat PDF files and PowerPoint files, etc.) and the content within them are accessible to assistive technologies, or else an alternative means of accessing equivalent content is provided
  • When form controls are text input fields use the LABEL element
  • When text is not available use the title attribute
  • Include any special instructions within field labels
  • Make sure that form fields are in a logical tab order
  • Include a ‘Skip Navigation’ button to help those using text readers

The question then becomes – what if your website is not ADA compliant ? In 2015 and 2016, numerous plaintiff law firms sent letters to scores of companies, universities and other entities on behalf of disabled individuals throughout the United States who use the Internet to facilitate their access to goods and services. The letters typically identify certain alleged ADA violations based upon “access barriers” on the recipients’ websites. The letters further claim that unless the recipient company modifies its website to meet the standards in the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG 2.0 AA), the company will continue to violate Title III. The WCAG 2.0 AA Guidelines have been endorsed by the DOJ.

In other words, you can be sued for not having an ADA compliant website no different that a restaurant can be sued for not having disabled accessible restrooms.

What should you do ? Start talking to your web-designer(s) about how to make your site compliant at some point in the near future. Otherwise, you will be risking litigation. More than 240 businesses across the country have been sued in federal court over website accessibility since the beginning of 2015. Adult websites will be low hanging fruit for many ADA litigation savvy attorneys and firms.

For more information — http://beta.latimes.com/opinion/op-ed/la-oe-pulliam-ada-websites-20170611-story.html

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