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As Americans with Disabilities Act hits 33-year anniversary, many hope digital access gaps close quickly

As Americans with Disabilities Act hits 33-year anniversary, many hope digital access gaps close qui
As groundbreaking ADA law turns 33, digital access gaps draw scrutiny 02:01

MIAMI - The Americans with Disabilities Act reached its 33-year anniversary with businesses facing mounting pressure to fix hurdles to online shopping for people with limited or no eyesight.

In Miami, two citizens filed separate lawsuits Monday against retail chains because the plaintiffs claim the companies' websites did not make accommodations for the visually impaired.

It is an issue that aggravates Kyle Ankney too. The 33-year-old public relations professional who has helped clients get messages published in the likes of Forbes and GQ Magazine feels like a back page afterthought when trying to manipulate cell phone apps. His biggest personal struggle with cerebral palsy makes it hard to use mobile interfaces.

"Anything that is verification based (is a challenge)," Ankney said.  "So anything that requires me to hold my phone a certain way or at a certain distance or angle sometimes that can be tricky because I don't have the most steady hands and that can impede my ability to log on to certain apps."

The Americans with Disabilities Act, which became law on July 26, 1990, requires access to public spaces for all people.  This includes digital places of commerce where people without sight face growing struggles, attorney Diego Mendez said.

"When the pandemic hit and everything shut down the only way to buy products was online for most people," Mendez said.

He filed one of the two lawsuits that hit the federal court in South Florida. Both complaints accuse separate box stores of running websites missing code that allows special software to read content to people who cannot see.  It is like a store with stairs and no ramp, Mendez said.

"They have no way, nobody to call, no way to actually get the product," he said.  "It causes them frustration, there's also a level of embarrassment.  There's a level of feeling that they're inadequate that they're not part of society.  Really, these people are marginalized to begin with."

His clients mostly want their lawsuits to convince companies to improve access more than pay damages, Mendez said. Usually, he sees companies comply without trials. 

Still, Mendez, his clients and Ankney hope digital access gaps close quickly.

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