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V O L . X X V N O. X X V I N OV E M B E R 1 1 , 2 0 1 9 22 F O C U S L AW But the guidelines aren't part of the ADA and don't have the weight of law. e WCAG guidelines cite disabili- ties — including visual, auditory, physi- cal, speech, cognitive, language, as well as learning and neurological disabilities. ey say compliance also benefits "older individuals with changing abilities due to aging and often improve usability for users in general." But the guidelines "are not able to address the needs of people with all types, degrees and combinations of disability," W3C says. Legislation introduced in the U.S. House of Representatives this session calls for the U.S attorney general to determine whether WCAG 2.0 stan- dards would provide reasonable accom- modation under the ADA. e bill also has the Department of Justice review whether accessibility widgets on websites and phone numbers that allow custom- ers to get more information comply. e bill hasn't been acted on in the House, and there is no Senate version. 'Everybody wants to do the right thing' Online compliance is wide-ranging, and also includes whether there is information about accessibility for customers at the business, Dugal says. Compliance also means the owner is responsible for links to other websites that are embedded in their sites to make room or dinner reservations. Business owners often aren't aware of a compliance problem until it's brought to their attention, frequently in a letter from a lawyer. Immediate compliance, particularly if it's expen- sive, can be difficult. "What needs to be done is that when a problem is identified, let them work to fix it, rather than sue," Dugal says. "Most [business owners] want to do what's right." Bessey echoes that. "Everybody wants to do the right thing. But any time you're running a business, it's about where you make investments, and when. Not everyone is able to change some- thing on a moment's notice." Both he and Dugal say attention to compliance is important to business owners for both legal and customer service reasons. "It's just good for business," Bessey says. But it can be overwhelming for a business owners. "No one gets a free pass," Dugal says. "But they should be given time to fix the problem." e proposed federal legislation would be more flexible, giving busi- nesses an opportunity to fix issues before legal action can be taken. It also has an educational component for both businesses and customers. UsableNet says lawsuits are also on the rise because businesses haven't been proactive enough "in both action and communication of digital acces- sibility" as people with disabilities increasingly rely on them. Dugal says, "It's about realizing, recognizing and doing the appropriate things to fix issues." Maureen Milliken, Mainebiz senior writer, can be reached at mmilliken @ mainebiz.biz » C O N T I N U E D F RO M P R E V I O U S PA G E Maine lawyers. Maine clients. Maine values. Por tland / Kennebunk • 207-775-7271 • 1-800-756-1166 • jbgh.com At Jensen Baird, our commitment is to you. We know what our clients need, because we know Maine. Our lawyers understand the unique challenges of living and doing business here. We aren't part of a huge national firm, we're part of the community. And we've been that way for over 60 years. High-tech manufacturing demands more than a typical building. We built Enercon's home in Gray to stand as a reflection of its industry stature —a technology leader. At Sheridan, this is how we build on our promise. W W W . S H E R I D A N C O R P . C O M ENERCON TECHNOLOGIES Gray, Maine A signature facility for a technology leader. Greg Dugal, director of government affairs for HospitalityMaine F I L E P H O T O / T I M G R E E N WAY When a problem is identified, let them work to fix it, rather than sue. Most [business owners] want to do what's right. — Greg Dugal HospitalityMaine

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