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New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami

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Summary

Assembly Bill 1757, introduced in California, would make websites and mobile apps that can be accessed from California conform to WCAG 2.1 Level AA and could allow individuals with disabilities as well as business establishments to sue third party developers that create noncompliant websites and mobile apps. The bill would effectively make WCAG 2.1 Level AA the required standard for the websites and mobile apps of “business establishments” covered by the Unruh Civil Rights Act and would allow plaintiffs with disabilities to recover damages if the website fails to provide equally effective communication or facilitate full and equal enjoyment of the entity’s goods and services to all members of the public. The bill lacks any defenses or exceptions for undue burden and does not provide a transition period for covered businesses or address undue hardship on small businesses. If passed, it could open the floodgates of website and mobile app accessibility lawsuits in California.

Q&As

What is the purpose of California Assembly Bill 1757?
The purpose of California Assembly Bill 1757 is to adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and website developers.

How does AB 1757 differ from existing law under the Americans with Disabilities Act (ADA)?
AB 1757 dictates that websites and mobile apps themselves must provide “effective communication” and a website or mobile app is presumed to provide equally effective communication if it complies with the Web Content Accessibility Guidelines 2.1 Level AA, whereas the ADA mandates that public accommodations provide auxiliary aids and services as necessary to ensure “effective communication” with individuals with disabilities in the provision of their goods and services.

What is the potential impact of AB 1757 on small businesses?
The threat of greater legal exposure could result in small businesses taking their websites down, which could have dire consequences for their ability to drive business. Additionally, most small businesses do not create their own websites and have no understanding of how to make a website conform with WCAG 2.1 AA, and it is unlikely that they will have the resources to comply with WCAG 2.1 AA with no transition period.

What kind of liability would AB 1757 create for website and mobile app developers?
AB 1757 would give individuals with disabilities and business establishments the new right to sue web developers for creating websites that do not conform to WCAG 2.1 Level AA. This would drive the cost of website development higher and could cause small web developers out of business.

What is the timeline for AB 1757 to become law in California?
AB 1757 is presently in the Senate Judiciary Committee for consideration of amendments. If approved by the requisite committees and vote of the full Senate, the bill would then return to the Assembly for concurrence in the amendments by September 14 before going to the Governor for his approval.

AI Comments

👍 This article provides a comprehensive and thorough analysis of the potential implications of California Assembly Bill 1757. It explains the current state of the law, the changes AB 1757 would bring, and the potential consequences of the bill becoming law.

👎 This article fails to address potential solutions to help small businesses comply with the potential new laws that would be put in place by AB 1757, which could be a major setback for small businesses.

AI Discussion

Me: It's about a new California Assembly Bill that could result in a lawsuit tsunami if it passes. It would require all websites and mobile apps that can be accessed from California to comply with WCAG 2.1 Level AA. It also gives individuals with disabilities and business establishments the right to sue third party web developers for websites and mobile apps that do not comply with the standards.

Friend: Wow, that's a lot to take in. What do you think the implications are of such a bill?

Me: It would expand the legal liability of business establishments and their third party web developers significantly, and the bill does not address the burden on small businesses or provide a transition period for those businesses to become compliant. It could also drive up the cost of website development since developers would have to ensure their websites and mobile apps are compliant with WCAG 2.1 Level AA. Additionally, if this bill passes, WCAG 2.1 Level AA could become the de facto national standard for website accessibility.

Action items

Research the current state of the law under the ADA regarding website accessibility and effective communication.
Become familiar with the Web Content Accessibility Guidelines 2.1 Level AA and the potential implications of AB 1757.
Reach out to web developers and website accessibility consultants to understand the cost and timeline of bringing existing websites into compliance with WCAG 2.1 AA.

Technical terms

Accessibility: The quality of being able to be used by people with disabilities.
ADA Title III: Title III of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in places of public accommodation.
California Unruh Act: A California law that prohibits discrimination against people with disabilities in places of public accommodation.
Public Accommodation: A business or service that is open to the public.
Title III: Title III of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in places of public accommodation.
Unruh Civil Rights Act: A California law that prohibits discrimination against people with disabilities in places of public accommodation.
WCAG 2.1 Level AA: The Web Content Accessibility Guidelines 2.1 Level AA, which is a set of standards for making websites and mobile apps accessible to people with disabilities.
Website: A collection of webpages that are hosted on a web server and can be accessed over the internet.
Website Accessibility: The quality of being able to be used by people with disabilities.