PRLA Winter 2019

Winter 2019 • PENNSYLVANIA RESTAURANT & LODGING matters •  23 plaintiff, and a settlement with only that one individual does not preclude other qualified individuals from bringing a similar claim. WCAG 2.0 consists of 12 guidelines, which were developed in 2008 by the Worldwide Web Consortium, an international organization. The ADA itself does not mandate that DOJ utilize these guidelines or that a court adopt them as a standard. In its 2010 Advance Notice of Proposed Rulemaking, the DOJ noted that even if a business met all the WCAG 2.0 standards but a disabled individual was unable to access a website, there still would not be full ADA compliance. ADA compliance is a “moving target.” The DOJ was supposed to release new guidelines before the end of 2018. If you receive a demand letter or are served with a complaint, you should immediately consult a lawyer experienced in these cases . Even if you have not, we recommend that you work with a qualified website provider to upgrade your website(s) using WCAG 2.0 standards promptly. If you can show reasonable compliance, you have much better leverage to defend these claims or secure a “low settlement.” Unfortunately, the applicability of ADA to mobile applications is also an open issue. Given the advances in technology and the potential for future advances, any standard adopted today will probably be subject to further revision. This will be a continuing saga! Therefore, we encourage you to work with a qualified provider to keep pace with ADA compliant technology. • If you have any further questions concerning this particular subject, please contact Keith A. Clark, Esquire at kclark@shumakerwilliams.com or 717-763-1121.