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There Should be Compensation and Remediation for the Real Damages Inaccessibility Causes

February 19, 2016 • Darrell Shandrow Hilliker

I just thought I would respond to Chris Hofstader’s excellent article Stop The ADA Trolls.

While I certainly agree we shouldn’t be supporting these accessibility lawsuit trolls, I also do not feel we should be defending companies that have less-than-stellar
accessibility records. If a company has consistently failed to acknowledge accessibility advocacy and act positively to address accessibility concerns,
why shouldn’t we just leave them to be eaten by the wolves?

You see… I believe there are real damages caused by inaccessibility, and I feel we should, actually, consider a more aggressive approach toward companies
that consistently ignore us.

Blind people lose their jobs due to inaccessible software. Blind children miss out on educational opportunities due to inaccessible educational technology used in the classroom. Inaccessible apps in the new sharing economy result in a complete denial of service, which clearly counts as discrimination under the Americans with Disabilities Act here in the United States and other similar laws around the world. There are so many other inexcusable ways blind people are excluded because of inaccessibility. How can we put a stop to this discrimination?

Here’s how I see all this working:

  1. Blind people have been consistently advocating with a company for full inclusion / equal accessibility, but the advocacy has been completely or substantively ignored.
  2. A case is opened and documented with an accessibility advocacy clearinghouse that tracks and reports accessibility advocacy efforts and their results, or lack of effective action.
  3. A letter is sent to the company’s CEO outlining the concerns and clearly asking for equal accessibility.
  4. One or more blind persons file a lawsuit against the offending company asking for equal accessibility and for serious monetary damages, including not only the inaccessibility itself, but also for the emotional distress / pain and suffering it has caused.
  5. The lawfirm filing the suit subpoenas evidence, including the documentation from the case filed in step 2 and the letter sent in step 3.
  6. The process continues, on and on, with company after company, in a systematic and transparent manner, until we, possibly, achieve real results!

That’s right! I think the lawsuits should most certainly be filed, because companies are wrong to continue excluding us, but I think it should all be done
in a clear, above-board manner.

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