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OBMA Economic Vitality Committee Development Series

Join us on Wednesday, September 11^th, to learn tips & tricks for using AI for small businesses.

Meet at the OBMA office or via Zoom.

Llink to join > https://us02web.zoom.us/j/87433643946#success

 

Business Improvement Series

Presented in collaboration with Aliro Marketing.

Details and location to be announced.

If your business is targeted in an ADA lawsuit claiming your website is out of compliance, read the following: it may save you a significant amount of money-$4,000. I know of two instances in which serial litigators targeted large businesses because they claimed a website or component of a website was not ADA-compliant.

Why is the $4,000 deductible significant? This is the deductible amount you could be liable for under most million-dollar liability policies. This figure underscores the potential financial impact of ADA lawsuits, making it a crucial consideration for your business.

I will share the two examples and some recommendations (not legal advice).

First, a person sued Evergreen Nursery, alleging that their YouTube video audio wasn't accessible to the hearing impaired. When Evergreen Nursery consulted me about this issue, I explained that it is. All YouTube videos have a feature that automatically transcribes the narration to text. Evergreen Nursery was able to give this information to their lawyers, and along with other undisclosed details, they successfully avoided a fine.

In the second instance, someone targeted a previous client after their UserWay widget subscription one day after it expired. Coincidence? Maybe we'll never know for sure. However, during my past research into the UserWay widget's free and subscription service, I discovered that their platform also offered people the ability to subscribe to notifications, for a fee, of course, to send an email when a list of websites using their paid widget had expired. Why? If you're a large enterprise, your company most likely owns multiple websites, and this service will help you keep tabs on your websites. I found that a subscriber of this service doesn't need to own the monitored domains. However, it leaves room for serial litigators to leverage the service to target websites that let their UserWay widget expire. Because someone can abuse the notification feature, it may be best to use the free version of the widget.

Now, let's consider whether you need the UserWay widget. You don't. Implementing it is more of a posturing move or a way to put a higher-ranking person or client at ease by offering them peace of mind.

As of today, both Chrome and Firefox browsers have native tools that all people with disabilities should familiarize themselves with. For example, I am red-green colorblind. I know how to navigate the world with this disability because that's what people with disabilities do; we adapt and learn different ways to navigate the world using the various tools at our disposal. I explicitly address the acts of the few and the law firms that support their claims.

My ultimate goal with this article is to prevent businesses of all sizes from falling victim to frivolous lawsuits. I also hope to raise awareness and improve access to the tools individuals with disabilities need to navigate the world with the least friction possible.

Consider this: who installed the wheelchair-accessible ramps at the corner of your neighborhood? Was it a lawsuit against your block? No, the city is responsible for maintaining the sidewalks, streets, and highways for physical transportation. Similarly, the burden of digital accessibility should be on the browser, the entity best positioned to implement a solution.

I've read the latest ruling. In short, if you own a private business, no law states that your website must be ADA-compliant within California. However, if your business or organization receives federal funds, you are legally obligated to work towards compliance by a specific date below.

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ADA TITLE II

The following applies ONLY to State and Local Governments.

Examples of state and local governments include:

• State and local government offices that provide benefits and/or social services, like food assistance, health insurance, or employment services
• Public schools, community colleges, and public universities
• State and local police departments
• State and local courts
• State and local elections offices
• Public hospitals and public healthcare clinics
• Public parks and recreation programs
• Public libraries
• Public transit agencies

 

On April 8, 2024, the Department of Justice, Civil Rights Division, signed the final rule under Title II of the ADA, which establishes specific requirements and provides clarifications regarding ADA compliance on web-based public-facing platforms.  These updates include the adoption of specific technical standards required by the ADA for making accessible the services, programs, and activities offered by State and local government entities to the public through the web and mobile applications (“apps”).

While the rule is effective on June 24, 2024, compliance dates are delayed to make it feasible for public entities to comply with the rule:

• A public entity, other than a special district government, with a total population of 50,000 or more shall begin complying with this rule April 24, 2026.
• A public entity with a total population of less than 50,000 or any public entity that is a special district government shall begin complying with this rule April 26, 2027.

"At present, these rules do not apply to private-sector businesses."

 

Reference:

https://www.ada.gov/assets/pdfs/web-rule.pdf

https://www.ada.gov/resources/2024-03-08-web-rule/

https://www.dor.ca.gov/Home/AmericansWithDisabilitiesAct#title2

 

The following is a very easy-to-understand summary of the above ruling.

https://californiaemploymentlaw.foxrothschild.com/2024/04/articles/advice-counseling/ada-final-rule-introduces-technical-standards-for-compliant-website-and-app-design/

 

And these are the references for Title 3....

https://www.dor.ca.gov/Home/AmericansWithDisabilitiesAct#title3

 

ADA TITLE III

Public Accommodations (Businesses & nonprofit service providers)

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities.

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USEFUL RESOURCES FOR YOUR DEFENSE

This morning, Firefox launched "Firefox Reader View for clutter-free web pages".

https://support.mozilla.org/en-US/kb/firefox-reader-view-clutter-free-web-pages

 

Chrome offers "Reading mode" natively and a couple of extensions.

https://support.google.com/chrome/answer/14218344?hl=en

https://chromewebstore.google.com/detail/postlight-reader/oknpjjbmpnndlpmnhmekjpocelpnlfdi

https://chromewebstore.google.com/detail/chrome-reader-mode/adiiaeaejlpneikcmkihnimenppopden?hl=en

 

YouTube transcribes all video audio published through their platform.

Instructions on where to find this feature start here; more advanced instructions are at the beginning of the video.

https://youtu.be/eTWzbXbvJV8?si=coYQLU_60ALepUPO&t=83

 

Use Immersive Reader in Microsoft Edge

Use Immersive Reader in Microsoft Edge - Microsoft Support

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FREE web browser accessibility checker tools

WAVE Evaluation Tool

WAVE Web Accessibility Evaluation Tools (webaim.org)

 

Google Chrome Extension: Lighthouse

Lighthouse - Chrome Web Store (google.com)

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For public entities that need to comply with ADA Title II, please view the following video, which I agree with. The only way to achieve accessibility is through manual intervention. Not all website platforms are created equal. Some are more difficult than others to work with and all require advanced programming knowledge.

https://youtu.be/LhiqHQ4IcBY?si=vqqg-Kl-Nb7KE9AD

 

The author wishes to remain anonymous.

Be a part of the 2024-25 Ocean Beach Street Map

The 2024-25 OB Community Map will feature a Calendar of Events, local attractions, and a list of important Phone Numbers.

Don't be left out - this popular piece will be handed out at all high-traffic locations.

Email Mike Fahey for more information on how you can participate.

HURRY! FIRST COME FIRST SERVE!
ONLY A LIMITED NUMBER OF SPOTS AVAILABLE!

(858) 270-3103 ext 117

(858) 337-8546
[email protected]

This useful, colorful, pocket-sized guide will be filled with places to eat, shop, play and stay in affluent Coastal San Diego.

Reach out to local residents and the thousands of visitors who vacation here every year. Guides are delivered to hundreds of locations throughout San Diego!

The guides are distributed to Coastal San Diego from Downtown to La Jolla and East to La Mesa.

Be sure to get on the map of your community for as low as $175

Call us today to reserve your space in this extremely popular annual guide!

(858) 270-3103 x117
(858) 337-8546 (cell)
[email protected]

SAN DIEGO COMMUNITY NEWSPAPER GROUP
1621 Grand Ave., 2nd Floor, Ste. C, San Diego, CA 92109

OBMA MEMBERS:

Please VOTE for UP TO Five (5) seats on the OBMA Board of Directors.

You may complete 1 BALLOT per OBMA BID MEMBER or ASSOCIATE MEMBER. You must be a member in good standing to vote. All ballots must be received by Noon on Wednesday, July 10, 2024.

We value your opinion as an OBMA member. If you have questions, please reach out to the OBMA team at (619) 224-4906 or [email protected].

Vote Here

A message from the Peninsula Beacon

We are excited to announce The Beacon's 2024 Street Fair Special Edition. The official Street Fair program will be published on June 14th in cooperation with the Ocean Beach MainStreet Association & will feature the band schedule, an event map, a list of vendors, photos, and other Street Fair highlights. Be sure your business is included in this popular section. Additional copies will be printed and distributed at the Street Fair & Chili Cook-Off on Saturday, June 22nd.

Call to Reserve Your Space Today!

Deadline: June 6th.

Contact Mike Fahey
(858) 270-3103 x117
(858) 337-8546 (cell)
[email protected]

Be sure to be included in the Street Fair Drawing for only $125 ($100 with the purchase of a display ad). A great way to increase traffic during the week of the Street Fair. Great prizes including a beach cruiser!

Local small businesses and nonprofit entities that suffered economic losses due to COVID-19 may be eligible for grant funding from the County.

Check your Eligibility

The Small Business Stimulus Grant Program is funded by the Board of Supervisors allocated to the federal American Rescue Plan Act (ARPA), CARES Act funding, and the County General Fund. The grant funding provides economic assistance to help businesses and nonprofit entities impacted by COVID-19.

Subject to availability of funding.

If you have applied previously, you will need to reapply.

Non-profits may qualify for additional funding through the Community Enhancement Program.

For the best user experience, please use Microsoft Chrome, Microsoft Edge, Safari, or Firefox when filling out the application.

**UPDATE:  Thank you for your interest in the small business stimulus grant. Districts 2, 4, and 5 have allocated all their grant funds and are in the process of sending award notifications. Any further applications will not be considered unless more funding becomes available.

View Website to Apply

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City of San Diego Crime Information Now Available in Online Dashboard

NEAR REAL-TIME NEIGHBORHOOD CRIME SNAPSHOT AND MAPPING AVAILABLE FOR SAN DIEGANS

San Diego – The San Diego Police Department (SDPD) today announced the launch of a new public dashboard that offers a snapshot of information about crimes committed across the City of San Diego in near real-time.

The SDPD Neighborhood Crime Summary Dashboard is meant to visualize crime data dynamically. The dashboard contains three tabs to easily visualize crime trends, crime categories and map clusters of incident locations. Each category can be visualized either at the Citywide level or filtered down to an individual neighborhood.

The second tab within the dashboard is the Crime Data Explorer and is meant for users who want to filter and compare data across neighborhoods and crime categories. This data is filterable by date range, division, neighborhood or by a specific crime type. While the underlying data is not yet available on the City of San Diego open data portal, it is scheduled to be available soon.

The goal of the dashboard is to make it easier for residents to get a snapshot of crimes occurring in San Diego. The data is updated daily, allowing residents to see the information in near real-time. The information does not contain any personally identifying information for suspects, victims or exact locations of crimes. A short tutorial video can be found on SDPD’s YouTube Channel.

This is just one of several information tools the department is working to develop to help share police data in a visually friendly way.

ABOUT THE DATA

In 2021, the San Diego Police Department began reporting to the National Incident-Based Reporting System (NIBRS) for statistics. NIBRS collects data on all crimes reported to law enforcement agencies, not just the highest charges within those crimes.

Crime categories in NIBRS include crimes against Persons (i.e., assault, homicide, etc.), Property (i.e., burglary, theft, robbery, etc.), and Society (i.e., alcohol and drug offenses, weapon offenses, gambling, etc.). These new categories are a shift from the older FBI reporting style (UCR Summary) of simply reporting violent and property crime counts.

For the most part, SDPD’s crime reporting will follow the NIBRS categories now. Historical data will still be posted to the Annual Crime Reports website and downloadable data will be made available on the Open Data Portal supported by the City.

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