dive into mark

I just received my copy of Constructing Accessible Websites. Every web designer should read it, especially page 331, Accessible Web ADA Myths, which states:

The third myth — that web developers cannot be held liable for inaccessible web design due to client instructions and pocketbook — is subject to debate. Under the ADA, architects of buildings subject to new construction or remodeling have been held liable for failure to design and constuct accessible facilities, although courts have not been consistent in their findings. However, the US Department of Justice has consistently maintained that architects can be held liable for violating the ADA. …

Similarly, it is now highly likely that web developers could also be held liable, both for the construction of a web site and any time they modify it. This is because the ADA imposes an ongoing duty to remove barriers and to maintain accessible features. Now that Section 508 is law, the ADA will be informed about what it means to design accessible web sites. Even though Section 508 only directly impacts federal agencies, there is also an indirect impact on other entities for a variety of reasons as discussed later in this chapter under When does a Web Developer Follow Section 508 Rules?

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