The Pellucid Perspective - August 2024 - 5

reasonably priced than some of the older options we saw. We even
stumbled on a Review Site that provided some interesting analytics
and comments on the relative ease of installation and ongoing
maintenance required to meet ADA Guidelines.
The second set of questions is whether the website hosts and
developers are part of the liability chain. If they know that public
facing websites are being targeted, and the US legal system is
finding in favor of plaintiffs in both Federal and State Courts; will
website hosting and maintenance become both more expensive
and legally complicated? I'm not a lawyer; but I find it surprising
that we have not been notified that we need to pay attention to
the ADA provisions by our domain registration and/or web hosts.
In the middle of all this poking around, I found myself out on
the golf course with my 22 year-old daughter discussing the subtle
differentiation between two anagrams (FUBAR and SNAFU)
that have become part of the English language. With due respect
to the substitution of another " F " word; Fouled Up Beyond All
Recognition usually refers to a specific event. Situation Normal
All Fouled Up is more of a blanket term of applying to a common
state of affairs when certain entities are involved. Originally referring
to military operations; SNAFU gained traction and common
usage referring to governments, large businesses and a host
of other situations.
Deadheads would probably say that that FUBAR and SNAFU
are redundant on Shakedown Street, which became the moniker
of the gathering of vendors (legal and illegal) found at Grateful
Dead shows around the world after 1978. We would suggest that
this current spate of " shakedown " lawsuits involving ADA issues
might represent that same redundancy.
" There are certainly enough inaccessible websites in the world
to keep a lawyer very busy, said Eve Hill, a disability-rights lawyer
in Baltimore. It would be much simpler if internet web designers
included accessibility as a standard feature " . WSJ, July 15, 2024.
As long as the DOJ and Congress continue to skirt defining internet
ADA issues and allow the legal precedents of inaccessibility
settlements to mount; golf courses will face an interesting set of
challenges.
In order to avoid playing Russian Roulette on Shakedown
Street, the cost of making a golf course website ADA compliant
is probably the only real way of addressing the issue. And, in order
to do that, golf courses will have to demand that their 3rd Party
vendors also be able to provide accessible landing pages for their
services that are linked to the course website. We know that a few
vendors are working on providing ADA compliant services and
some that already do; and maybe some more will pay attention
when the liability extends to web designers and others providing
linked services - it's only a matter of time before one of these cutand-paste
law firms discovers the golf industry.
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