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Risk Management

ADA WEBSITE ACCESSIBILITY: LAWSUITS

EXPECTED TO GROW IN 2017

Why & How Ski Areas Can Remediate Their Websites for ADA Compliance

BY DAVE BYRD, NSAA’S DIRECTOR OF REGULATORY AFFAIRS,
& DAVE GIBSON, CEO, PROPELLER MEDIA

IN SEPTEMBER, A SMALL VERMONT snowsports outfitter, areas have received demand letters or lawsuits from plaintiffs’
Dion Snowshoes, was stunned to receive a form demand let- law firms seeking quick and lucrative settlements and attor-
ter from a Florida plaintiffs’ law firm claiming that this tiny neys’ fees from ski areas for allegedly having website design
retailer in Bennington, Vt.—thousands of miles away from flaws that make navigating their sites more challenging for
Boca Raton—was allegedly violating the Americans with hearing and visually impaired plaintiffs—many who have
Disabilities Act (ADA) because its website was arguably inac- zero intention of ever visiting the ski area. To be sure, there’s
cessible to visually and hearing impaired South Floridians no doubt that the disabled should have the same freedom to
looking to buy snowshoes in rural Vermont. enjoy the Internet as anyone else; indeed, the Internet is even
If this doesn’t convince you that ADA lawsuit abuse has more important for those with visual and hearing impair-
seriously gotten out of control, nothing will. ments. But there are serious disputes about whether abusive
As many resorts have learned in just the past year, ski lawsuits are the best vehicle for affecting such change.
areas are not at all immune from these types of outlandish, For the past year, NSAA has been advising ski areas
take-your-breath-away, preposterous claims. To date, 17 ski to remediate their websites sooner rather than later to help

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