b'LEGISLATIVEREPORTThe NeedBy Ed Welch,for Accessible PVA Legislative Director Web PagesO perators of passenger vesselsvery recently. With more and moreAct was enacted in 1990, and the text are subject to the Americansbusiness being conducted online, itsdoesnt mention websites (which with Disabilities Act (ADA).easy to understand why a non-acces- makes sense, since their prevalence Depending upon the type of operationsible web page can present a barrierin the national economy didnt exist in which they engage, they are subjectwhen a person with a disability wantsat that time). At one point, some to ADA service rules issued by eitherto engage in daily activities that othercontended that this omission meant the U.S. Department of Justice or thepeople take for granted. And its notthe ADA did not apply to web pages. U.S. Department of Transportation.just websites that can present barriersThe U.S. Justice Department has re-Eventually, there will be enforceable the use of mobile apps must be con- peatedly rejected that argument and guidelines designed to promote acces- sidered, and so must self-service kioskstakes the position that most commer-sibility in newly constructed vesselsthat dispense tickets. cial websites must be accessible. Recent (although its anyones guess as toOne naturally recognizes thatdecisions by federal courts from across when these guidelines will be formal- persons who are blind or who havethe nation have lain to rest the notion ized by the U.S. Access Board). Nowlow vision face challenges with athat business web pages are exempt a new area of concern has emerged:website. But other persons with dis- from the nondiscrimination provisions the ability of persons with disabilitiesabilitiesdeaf and hard of hearing;of the ADA.to take advantage of a companys webcolor blindness; epilepsy; and manualJustice Department rules require page. dexterity impairmentsalso must bethat a covered entity must ensure Accessibility of commercial webconsidered. effective communication with a pages has become of high importanceThe Americans with Disabilitiesperson with a disability. There is an af-firmative duty to ensure such commu-nication by providing auxiliary aids and services. This mandate provides the legal basis for having accessible PLEASE DO NOT websites. past year, several PVA In the members have been approached REMAIN SEATED by attorneys representing persons with disabilities contending that the Do not switch of all electronics. Please move around freely.company website is not accessible. And above all, do not miss the spectacular beauty off the sea.Lawsuits have been threatened, either With Cat high performance engines, the total time of yourunder the federal ADA or a related state journey could be the same as flying. Only with better views.And without the leg cramps. statute. In at least one case, a settlement has been entered into between the PVA vessel-operating company and the complainant.This new issue is not restricted to See the video at PVA members. Retail establishments of storiesfromsea.com all types, from a mom-and-pop store to nationwide chains, confront the chal-lenges of making their websites acces-See our complete offer for ferries and cruise ships at marine.cat.com sible. 2017 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, BUILT FOR IT, their respective logos, Caterpillar Yellow, the Power EdgeThese types of lawsuits are prolifer-trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.ating. One legal practice that specializes 36APRIL 2019FOGHORNcat_ad_ferries.indd 1 08/01/18 22:30'