Dave and Busters Scores Work-Around for an Inaccessible Website — It’s a Telephone….

PROVIDENCE, RI–(Marketwired – November 07, 2017) – An ongoing suit levied against the Dave & Buster’s franchise suggests that more legal support for universal accessibility might be on the horizon. At the center of the suit is plaintiff Sean Gorecki, a blind customer who has accused the company of supporting website features that will not work with his screen reader. The chain tried to have the case dismissed by filing a motion, but the court ruled in October 2017 that the representatives from Dave & Busters had not provided adequate proof that their website would work with assistive reading devices for the visually impaired. Such functionality is important, given the fact that many consider a company’s online presence as subject to the same regulations as “places of public accommodation” as defined under the Americans with Disabilities Act (ADA).

The legal team for Dave & Busters pointed to a U.S. Department of Justice (DOJ) alternative to website compliance in its 2010 Advanced Notice of Proposed Rulemaking. In that proposed rulemaking, the DOJ said that providing the same goods and services available on the website through telephonic or other means may also satisfy a business’ obligations under the ADA.

A federal district court in Los Angeles agreed with that point and endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service.

For more on this case and what it could mean for website accessibility regulations, please visit https://www.boia.org/blog/what-the-dave-busters-lawsuit-means-for-website-accessibility

About the Bureau of Internet Accessibility:

Mobile and Web accessibility compliance is a requirement, but trying to understand the WCAG 2.0 Guidelines and how they relate to ADA, ACAA, OCR, AODA, Section 508 and other compliance requirements, can be confusing. The Bureau of Internet Accessibility (BoIA) has been helping eliminate the accessibility digital divide since 2001. The organization’s reports, tools, and services have assisted businesses in improving, maintaining, and proving the accessibility of their websites. With services that include self-help tools, audits, training, remediation and implementation support, BoIA has the experience and expertise to ensure that accessibility efforts are worthwhile and successful. For more information, visit www.BoIA.org.

Bureau of Internet Accessibility