Web Accessibility Legislation in Washington
See how your website stacks up compared to web accessibility legislation in Washington.
An Overview of Legislation in Washington
Exemptions to Policy 188 do exist, for example in instances where providing direct access would not be possible due to technical or legal limitations.
Disclaimer:
The information in this article is made available by Monsido ApS and/or its subsidiaries and affiliates and is for informational purposes only so as to provide its customers with a general understanding of current legal developments. It should not be construed as providing specific legal advice, and you acknowledge that no attorney/client relationship exists between you or any third party and Monsido ApS and/or its subsidiaries and affiliates. This article should not be used as a substitute for competent legal advice from a licensed lawyer in your jurisdiction.
What You Need To Know About Web Accessibility In Washington
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What are the requirements related to Policy 188?
The minimum level of compliance referenced in Policy 188 is Level AA of the Web Content Accessibility Guidelines (WCAG) 2.0. This standard applies to all Washington state offices, who must be Section 508 compliant both internally and externally. The same standard applies to Washington colleges and universities, who must take steps to ensure that all eLearning content is designed inclusively.
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Who do Policy 188’s requirements apply to?
Policy 188 applies to all technology procured, developed, maintained, and used state agencies. Exceptions are made on rare occasions, for example if meeting accessibility standards would create an undue burden on the agency.
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What are the penalties for non-conformance with Policy 188?
It is important to note that compliance with Policy 188 does not relieve agencies from their responsibility to otherwise comply with state and federal law, including but not limited to Section 508 of the Rehabilitation Act and the Americans with Disability Act.
As such, non compliant websites can potentially face fines of up to $55,000 for the first violation and $110,000 for each subsequent violation. Those who receive Federal funding could also have those funds revoked for being in non-compliance.
A Few Landmark Cases in Washington
Viers V. Cinetopia, LLC
On April 25, 2019, a Complaint in Washington Federal court was filed against Cinetopia LLC alleging that www.amctheatres.com is not accessible.
Sullivan V. Walker Construction
In 2019 a New York plaintiff brought an ADA class action suit against the Washington based construction company.
ADA Lawsuits Impacting Tri-Cities’ Businesses
The ongoing surge in ADA lawsuits could see a change in Washington State legislation.
Resource to Help You Get Started
Web Accessibility Handbook
An Overview of the WCAG
Web Accessibility Checklist for Managers
Make Your Website Accessible With Monsido
