Hi Francesco,

I can’t provide you with a second opinion specific to your situation as that implicates me as an attorney.

However, I can provide you with some general information and my general stance as an ADA website compliance expert as the alternative website idea has come up before.

In November 2018, there was a Department of Transportation ruling on whether a separate, alternate website was permissible under the Air Carrier Access Act (ACAA) as the ACAA requires accessible websites.

The separate, alternate website was absolutely shut down in the consent order even though the defendant had been proactive in creating it.

The ACAA only affects airlines so it is not dispositive. There has been no ruling alternative websites in federal courts.

In a letter to congress, Assistant Attorney General, Stephen E. Boyd, has said, “absent the adoption of specific technical requirements for websites through rulemaking, public accommodations have flexibility in how to comply with the ADA’s general requirements of nondiscrimination and effective communication.”

I strongly believe Boyd was referring to flexibility in how you address accessibility as it pertains to modifying content, elements, and functioning on your website.

As a consultant, I recommend against the separate but equal approach when advising companies for a multitude of reasons. Although I completely understand the logic, the separate but equal approach has never fared well.

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