Guidance on Winery Website Compliance with Americans with Disabilities Act

In light of a new spate of demand letters sent to California wineries in April, Wine Institute recommends that wineries review their websites and apps to ensure compliance with guidelines for accessibility for blind or visually impaired persons, using Web Content Accessibility Guidelines WCAG 2.1 AA.

Issue “At-A-Glance”

• Wineries should ensure ADA compliance by making their websites compatible with screen-reading software used by the visually impaired to access website content.
• The ADA guidelines are not clear but using the best practices at WCAG 2.1 AA on winery websites minimizes potential risk.
• Wineries should consult an attorney and IT professional.

Wine Institute is resending this communication because members are requesting an assessment of risk if their websites are not accessible to people with disabilities under the Americans with Disabilities Act (ADA). The ADA does not specifically address website accessibility. However, the ADA makes it illegal for any government or business to provide goods and services to the public that are not also accessible to people with disabilities. In the ADA lawsuits, plaintiffs are claiming that disability-based discrimination that applies to a place of public accommodation also applies to the website which advertises that place.

The U.S. Department of Justice (DOJ) withdrew its federal guidelines on how to make a website ADA compliant in December 2017. However, DOJ has previously argued in enforcement actions that companies can comply by making their websites conform to the World Wide Web Consortium standards, which are at: WCAG 2.1 AA. While federal law does not state that implementation of WCAG 2.1 AA automatically means a website is ADA compliant, the complaints filed against New York wineries all seek relief that would require the wineries to comply with WCAG 2.1 AA.

WCAG 2.1 AA includes many different accessibility criteria. For the visually impaired, making sure that websites are compatible with available screen-reading software employed by users to access website content was a key issue in the New York winery lawsuits. The software reads alternative text, a requirement of the WCAG guidelines. Essentially, alternative (alt) text is a function within the HTML code that describes the function and appearance of an image or object on a given page. That screen reading software only functions correctly if the website incorporates certain screen-reading compatible features, such as alternatives text for images and videos.

This communication is not legal advice. Wineries should consult with an attorney on any legal questions regarding federal and state accessibility compliance, as well as with their IT vendors and professionals to determine if their websites and apps have implemented accessibility features per the WCAG 2.1 AA. Another government resource for guidelines, testing and tools is at:  https://www.section508.gov/test/web-software.

Member vintners who are served with an ADA demand letter should contact Tracy Genesen for a referral to qualified ADA compliance legal counsel.