The Department of Justice (DoJ) has placed website accessibility on the regulatory inactive list. This action does not negate the need to create an accessible website. At present, cases are tried under the premise that the internet is a public accommodation subject to title III of the ADA. The Department of Justice clarified this position in the Statement of Interest of the United States Department of Justice in NAD v. Netflix, stating:
“….the Department’s ongoing regulatory developments support that Netflix is a public accommodation subject to title III of the ADA. The Department is currently developing regulations specifically addressing the accessibility of goods and services offered via the web by entities covered by the ADA. The fact that the regulatory process is not yet complete in no way indicates that web services are not already covered by title III. Title III regulations have always required that public accommodations provide effective communication to persons with disabilities through the provision of auxiliary aids and services, including, where appropriate, captioning.”
Making your website accessible or improving its accessibility will ensure that you are in compliance with the law and will enhance the user experience for that 20% of the population with a disability.