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  • How to Meet California Web Accessibility Laws in 2025

    How to Meet California Web Accessibility Laws in 2025

    If your website serves Californians, you’re stepping into one of the most lawsuit-heavy digital environments in the country. California leads the nation in web accessibility lawsuits—and the pace isn’t slowing in 2025.

    That reality can feel overwhelming. The headlines make it seem like one slip could land you in court. The rules aren’t always easy to interpret, and the stakes feel high. But here’s the thing: you’re not powerless. With the right understanding and a proactive plan, you can protect your business, meet California’s requirements, and even turn accessibility into an advantage.

    This guide will break down California’s web accessibility laws, recent legal updates, and practical steps you can take right now to stay ahead. Let’s walk the landscape—and give you a clear path forward.

    Web Accessibility in California Isn’t Optional Anymore

    California, New York, and Florida consistently account for the majority of ADA-related website lawsuits nationwide. What makes California different is the mix: federal law, state law, and a culture of active enforcement all rolled together.

    And here’s the kicker: you don’t need a physical storefront in California to be pulled into this mix. If you sell online to Californians, your website is within reach of these laws.

    Bottom line: if your digital presence isn’t accessible, you’re at risk. Fixing it early is always easier—and far less expensive—than scrambling after a lawsuit.

    Why California’s Web Accessibility Laws Are Tougher

    California has always been out in front on consumer protections and civil rights, and that leadership shows up online. Courts and lawmakers here push harder for accessibility and hold organizations accountable when they fall short.

    The result? Higher expectations, more lawsuits, and often bigger settlements compared to other states. Planning for accessibility in California isn’t just good practice—it’s basic risk management.

    Multiple Legal Layers to Consider

    California’s legal framework is layered and powerful. Here’s how the pieces fit:

    Federal Law: Americans with Disabilities Act (ADA)

    The ADA doesn’t name websites directly, but courts—including those in California—have repeatedly ruled that business websites and mobile apps count as “public accommodations” under Title III. Translation: if you sell or serve online, your site must be accessible.

    State Law: Unruh Civil Rights Act

    The Unruh Act takes the ADA and makes it California law—with teeth. Plaintiffs can seek damages of at least $4,000 per violation, plus attorney’s fees. Add in emotional-distress claims, and those numbers climb fast. This law is one of the most common tools used in web accessibility lawsuits, and it applies to out-of-state businesses, too.

    State Government Codes

    California has written accessibility directly into law for public agencies. Three key sections work together:

    • 11545.7 : Requires state agencies to post a compliance certificate on their websites every two years, confirming alignment with WCAG 2.0 AA.
    • 7405 : Reinforces Section 508 of the Rehabilitation Act, requiring agencies to keep electronic and information technology accessible.
    • 11135 : Extends protections to all state-funded or state-run programs, prohibiting discrimination in digital systems.

    Public Sector Rule: AB 434

    Since 2019, agencies must meet WCAG 2.0 AA and post a signed compliance certificate on their homepages. While this applies to government entities, it signals where the state is headed: higher standards and stronger accountability.

    Taken together, these laws make California one of the most proactive states when it comes to digital inclusion—and a place where compliance isn’t optional, it’s enforceable.

    What’s New (and What’s Coming) in 2025

    California’s accessibility environment doesn’t sit still. Here’s what to keep your eye on this year:

    CCPA and CPRA Accessibility Requirements

    California’s data privacy laws now go hand in hand with accessibility. Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), privacy notices, consent forms, and opt-out mechanisms must all be accessible. If you’re collecting data from Californians, accessibility is officially part of your privacy compliance checklist.

    AB 1757: A Bill with Big Implications

    Introduced in 2024, AB 1757 could become law in 2025. If passed, it would:

    • Require WCAG 2.1 AA compliance for all websites and apps offering goods or services in California.
    • Create a private right of action, letting individuals sue directly without waiting for state enforcement.
    • Extend liability to third-party developers and vendors, not just the businesses they build for.

    If this bill becomes law, lawsuits will expand—and fast. Preparing now is far less costly than reacting later.

    How Courts Are Using WCAG

    Even though WCAG isn’t named in every law, California courts lean on WCAG 2.1 AA when ruling on cases. Decisions like Robles v. Domino’s Pizza and Thurston v. Midvale Corp. make it clear: businesses are expected to meet these standards.

    In short: WCAG 2.1 AA is your strongest legal defense and your most practical roadmap.

    What WCAG 2.1 AA Covers

    The guidelines are built around four principles:

    • Perceivable: Content can be seen or heard (e.g., alt text, video captions).
    • Operable: Users can navigate (e.g., keyboard-friendly, logical tab order).
    • Understandable: Information and navigation are predictable (e.g., consistent menus, clear error handling).
    • Robust : Works across today’s and tomorrow’s assistive technologies.

    Think labeled forms, color contrast that passes, error messages that actually help, and no features that rely on hover alone. That’s where legal risk starts to drop.

    What Businesses Should Do Now

    Here’s how to get started without stalling:

    Start with a Self-Audit

    You don’t need a full professional audit to take the first step. Try this:

    • Run free tools like WAVE or Google Lighthouse.
    • Test with a screen reader (NVDA, VoiceOver on Mac).
    • Use a color contrast checker.

    These quick wins surface obvious barriers and get your team thinking about accessibility in action.

    Focus on WCAG 2.1 AA

    This is the benchmark California courts already use—and AB 1757 may make it law.

    • Review templates, navigation, and interactive elements.
    • Test checkout flows and account portals from start to finish.
    • Check both desktop and mobile.

    Proactive compliance costs less than defending a lawsuit. It also puts you ahead when regulations tighten.

    Think Beyond Compliance

    Yes, accessibility reduces risk. But it also grows your audience. More than 61 million Americans live with a disability. Making your site inclusive builds loyalty, improves SEO, and strengthens your brand. Following California’s web accessibility laws isn’t just about defense—it’s about long-term growth.

    Don’t Wait for the Lawsuit

    California’s web accessibility laws are tightening, and enforcement is active. Waiting for a complaint is a gamble—and an expensive one.

    Act now. Align with WCAG 2.1 AA. Bake accessibility into your website strategy. You’ll reduce legal risk, expand your reach, and strengthen your reputation.

    At 216digital, we help businesses tackle accessibility with practical solutions that reduce legal exposure and build better customer experiences.

    Our ADA Briefing is a no-pressure way to:

    • Understand how California’s laws apply to your site.
    • Identify your biggest areas of risk.
    • Walk away with a clear, actionable plan.

    Don’t wait for a lawsuit to force your hand. Protect your business now—and build a digital experience that truly includes everyone.

    Schedule your ADA Briefing with 216digital

    Greg McNeil

    August 15, 2025
    Legal Compliance
    Accessibility, accessibility laws, California Web Accessibility Laws, state accessibility laws, Web Accessibility, Website Accessibility
  • Accessibility for Websites: Why One Version Is Enough

    Accessibility for Websites: Why One Version Is Enough

    You may have heard this before—or even thought it yourself: “If our main site is too complex, we’ll just build a simple, text-only version for people who use assistive technology.”

    On the surface, that seems like a smart fix. If making your main site accessible feels overwhelming, why not create a separate version that looks simpler and easier to use? For years, many businesses believed this was the shortcut to meeting ADA requirements without reworking their entire website.

    But here’s the problem: a separate “accessible site” is not the best answer—legally, ethically, or practically. Real accessibility for websites means making your main site usable for everyone, not sending people to a stripped-down side door.

    Why the “Separate Accessible Site” Myth Lives On

    So why do people still think a second site is a good idea? One reason is that it feels easier. Making changes to an existing site can seem complicated and costly, while building a quick, text-only version looks faster and cheaper.

    There’s also the idea that people who are blind or have low vision “just need text.” That thinking misses the bigger picture. Accessibility for websites covers much more than plain text—it’s about making sure every feature, tool, and piece of content can be used by everyone, no matter their ability.

    Why It Fails: Standards and Legal Risk

    This is where the shortcut starts to unravel. The Web Content Accessibility Guidelines (WCAG) apply to all web content, not just simplified versions. Nowhere do the guidelines suggest that a simplified, alternate version of a site fulfills compliance.

    Take color contrast, for example. WCAG requires a minimum contrast between text and background across every page. Even if you create a plain version, your main site still has to meet those standards.

    The U.S. Department of Justice agrees. In April 2024, new rules made it clear that public entities can’t offer inaccessible main sites with “alternate” accessible versions, except in rare situations where no other option is possible. Courts have backed this up, too. In one case, DOT vs. SAS, an airline was fined $200,000 after trying to meet accessibility rules with a separate assistive site. In the end, they still had to fix their main site.

    In short, accessibility for websites isn’t about offering an alternate route. It’s about making sure the front door works for everyone.

    The Real Problems With Dual-Site Strategies

    Even if the legal side didn’t matter, the practical downsides are hard to ignore.

    Keeping two sites in sync is a constant challenge. Every blog post, product update, or policy change must be added to both. It’s all too easy for the “accessible” version to fall behind, leaving users with outdated or incomplete information.

    Then there’s the user experience itself. Imagine being told you can’t use the same website as everyone else—that you have to go through a different door. That separation feels unwelcoming, even insulting. Most users don’t want fewer features; they want the same experience, just built in a way they can use.

    And here’s another snag: text-only sites often cut out interactive tools, forms, or multimedia. For someone who needs keyboard-friendly navigation, that’s not helpful—it’s limiting. In trying to fix one barrier, you end up creating new ones.

    Finally, a dual-site setup complicates your own operations. Analytics, personalization, and user tracking get split in two, which makes it harder to understand how people interact with your brand online.

    Why Building Accessibility Into the Main Site Works Better

    When you build accessibility into your main site, everyone benefits.

    Captions help people who are deaf or hard of hearing, but they also help anyone watching a video in a noisy environment. Alt text helps people using screen readers, but it also boosts your site’s SEO. Clear navigation supports users with motor disabilities, but it also makes the site faster for power users who prefer keyboard shortcuts.

    Accessibility for websites also saves money in the long run. Many fixes—like adding alt text, adjusting headings, or improving color contrast—are low-cost and sometimes even free. Building accessibility into your normal workflow prevents expensive, large-scale repairs later.

    Most importantly, an accessible main site builds trust. It shows customers that your brand is modern, inclusive, and committed to fairness.

    Are There Times a Separate Version Is Okay?

    Only in rare situations. If you’re using a third-party tool that can’t be fixed right away, a temporary alternate version may help. But it should be:

    • Clearly linked and easy to find
    • Fully equal in content and function
    • Phased out as soon as your main site is fixed

    Think of it like a patch, not a permanent solution. The goal should always be accessibility for websites built directly into the primary site.

    Building an Accessibility-First Mindset

    So what should you do instead? Shift your thinking from “quick fix” to “accessibility-first.”

    Start by auditing your current site against WCAG. Find the biggest barriers and prioritize fixing those. Build new features with progressive enhancement so they’re usable by everyone from the start. Test with real users, not just automated tools—especially people with disabilities whose feedback will reveal issues you can’t see yourself.

    And most importantly, make accessibility part of your normal workflow. Fold it into design reviews, QA testing, and content updates. Keep users in the loop by being transparent about your efforts. Progress is valuable, and users will notice your commitment.

    Conclusion: One Site, For Everyone

    The idea of a “separate accessible version” might look like an easy answer, but in practice, it creates more problems than it solves. It’s harder to maintain, sends the wrong message, and leaves users without the features they need.

    True accessibility for websites means one site that includes everyone. It’s about designing digital spaces where people don’t need a back door—they walk through the same front door as everyone else.

    If you’re ready to leave alternate versions behind and move toward an accessibility-first strategy, consider scheduling an ADA briefing with 216digital. We’ll show you how WCAG works in real-world practice, point out your greatest opportunities, and help you make your main site truly accessible—for everyone.

    Greg McNeil

    August 13, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Web Accessibility, WCAG Compliance, WCAG conformance, Web Accessibility, Website Accessibility
  • Email Accessibility: Make Every Click Count

    Email Accessibility: Make Every Click Count

    You spend hours testing subject lines, analyzing open rates, and crafting the perfect call to action. But if your emails are not accessible, you may be unintentionally excluding millions of potential readers. More than one billion people around the world live with some form of disability, and many rely on assistive technologies such as screen readers, magnifiers, or keyboard navigation to interact with digital content. This is why email accessibility should be at the center of every campaign you send.

    This is where email accessibility makes a difference. Accessible emails do not only support people with disabilities; they also improve reach, engagement, and usability for everyone. You can think of accessibility as a safety net during your quality assurance process, one that helps make sure your hard work actually reaches its audience. The encouraging part is that small and thoughtful changes can create a big impact.

    Structure and Layout: Design for Navigation, Not Just Aesthetics

    Attractive design may catch the eye, but structure is what allows readers to move through your message with ease. Using semantic heading tags such as <h1>, <h2>, and <h3> helps organize your content in a way that screen reader users can understand. Headings should flow in a logical order without skipping levels. Relying on bold text or font size alone to show importance does not provide the same clarity.

    Tables are another common issue. They should be avoided for layout purposes whenever possible because screen readers can misinterpret them. If a table must be used for structure, adding role="presentation" tells assistive technology that it is decorative rather than data.

    It is also important to test your emails using only the Tab key. If you cannot reach every link, button, and input field by tabbing through the message, your subscribers will face the same problem.

    Image Accessibility: More Than Just Pretty Pictures

    Images are powerful in marketing emails, but without the right preparation, they can create barriers. Every image should include descriptive alt text that explains its purpose. If the image is decorative and does not add meaning, use empty alt text so that screen readers can skip it.

    Critical information, such as discount codes or calls to action, should never exist only within an image. Live text ensures that the message still appears even if images are turned off in the inbox. A good test is to disable images and see whether the email still conveys your intended message.

    Animations also require care. Flashing or strobing content can cause serious discomfort or even seizures for some readers. Autoplaying GIFs may distract from your main message. Whenever possible, give users the ability to pause or stop moving elements.

    Links and Calls to Action: Clear, Clickable, Inclusive

    Calls to action are where engagement happens, and they must be designed with clarity in mind. Instead of vague text such as “Click here,” choose phrases like “Read the full guide” or “Shop the new collection.” Screen reader users often move through an email by jumping between links, so each one needs to make sense on its own.

    Links should always be visually distinct. Underlining them is the best practice since relying on color alone is not effective for people with color blindness. Buttons and links should also be large enough to tap easily on a mobile device. A minimum size of about 44 by 44 pixels provides enough room for users with limited dexterity. Spacing links apart reduces the chance of misclicks. These adjustments not only improve email accessibility but also increase click-through rates by making the experience smoother for everyone.

    Copywriting and Readability: Make Every Word Count

    Email accessibility applies to words as much as to code or design. Short and direct sentences help readers understand quickly. Breaking your content into smaller paragraphs with clear subheadings makes the email less overwhelming.

    Avoid heavy jargon or insider language that may confuse people. Simple words in everyday language travel further and faster. Writing in an active voice also helps keep your copy engaging.

    Do not forget the basics of text styling. Font sizes should be at least 14 points, which is especially important for people with low vision or anyone reading on a small screen. Text should be left-aligned only, since centered or justified alignment slows down reading speed and can reduce comprehension.

    Multimedia Content: Do Not Skip the Captions

    Many email campaigns now include video, audio, or GIFs. These can make content more dynamic, but they bring accessibility challenges that need attention. Any video or audio clip should come with captions or transcripts. Captions are essential for people who are deaf or hard of hearing, but they also help people who are in noisy environments or those who are somewhere quiet and cannot turn on the sound.

    Animated GIFs should avoid flashing sequences or rapid loops. If movement is key to your message, include a description of it in the email copy or offer a static fallback image. Multimedia can be powerful, but it should never come at the expense of accessibility.

    A Pre-Send Accessibility Checklist

    Before you hit send, it helps to run through a quick accessibility check. Try navigating the email with only your keyboard. Make sure every image includes descriptive alt text or an empty alt attribute if it is decorative. Look at your link text and ask if it clearly describes the action or destination. Turn images off and check if the message still makes sense. Confirm that your color contrast is strong enough to read comfortably. Review your animations to see if they are subtle and under control. Lastly, read the text on both desktop and mobile screens to confirm that the font size is easy to read.

    These checks only take a moment, but they can prevent frustration and lost engagement.

    Accessibility Is a Long Game, but Every Email Helps

    No email will ever be perfectly accessible. The goal is not perfection but progress. Each improvement you make expands your reach, improves engagement, and builds trust with your audience.

    Email accessibility is not only about legal compliance. It is also about creating meaningful connections. By removing barriers, you ensure that your message reaches as many people as possible and resonates more deeply with them. Making email accessibility part of your long-term strategy strengthens both your brand reputation and the experience of every subscriber.

    The next time you prepare a campaign, add accessibility to your checklist. Treat it as part of your workflow, not an extra chore. An inaccessible email is never as effective as it could be.

    If you need a clear plan for accessible digital communication, schedule an ADA briefing with 216digital. We will walk you through practical steps to make your email campaigns and your digital presence more inclusive, more effective, and better prepared for the future.

    Greg McNeil

    August 12, 2025
    How-to Guides, Legal Compliance
    Accessibility, email accessibility, WCAG, WCAG Compliance, Website Accessibility
  • How WCAG Applies to AI-Generated Content

    How WCAG Applies to AI-Generated Content

    AI is changing the way we create. From blog posts and product descriptions to social media graphics, work that once took hours can now be done in seconds. This speed is powerful—but it also carries risk. In the rush to publish, it’s easy to miss a crucial question: Is this content accessible?

    The Web Content Accessibility Guidelines (WCAG) apply to everything online—whether written by a person, coded by a developer, or created by an AI tool. That means AI-generated content is not exempt. If you’re using AI to scale your digital strategy, accessibility must remain part of the foundation.

    This guide explains how WCAG applies to AI-driven workflows and offers a simple checklist to help you review AI-written text, visuals, and layouts. The goal: to help you publish faster without leaving inclusion behind.

    Why AI-Generated Content Creates Accessibility Risks

    AI tools can be incredible productivity boosters. But they are not accessibility tools. A common mistake is assuming that if something looks polished, it must be usable for everyone. In reality, accessibility requires more.

    AI-generated content often misses the real-world needs of diverse users. For example, it might:

    • Write vague alt text like “image of a person” instead of describing the purpose.
    • Suggest design elements with poor color contrast.
    • Use bold text instead of proper heading tags like <h2> or <h3>.

    If left unchecked, these issues can shut people out, frustrate customers, and even create legal risk. The takeaway is simple: AI-generated content is not automatically compliant with WCAG. It needs human oversight.

    WCAG Still Applies—No Matter Who (or What) Creates the Content

    WCAG, developed by the W3C, is the global standard for digital accessibility. It’s built around four principles:

    • Perceivable: Users must be able to perceive the information (like adding alt text for images).
    • Operable: Content should be easy to navigate and interact with (keyboard accessibility matters).
    • Understandable: Information should be clear and predictable.
    • Robust: Content must work with assistive technologies now and in the future.

    These rules apply equally to all content, whether it’s human-created or AI-generated content. In the United States, the Americans with Disabilities Act (ADA) has fueled thousands of lawsuits over inaccessible websites and apps. Courts often turn to WCAG as the standard for compliance—and they aren’t alone. Many countries, including those in the European Union and Canada, also rely on WCAG as the foundation of their digital accessibility laws.

    That means WCAG isn’t just a best practice—it’s often the measuring stick for legal compliance. Regardless of whether content was written by a human or generated by AI, if it excludes people with disabilities, it can be litigated upon. The risk is real: inaccessible content can damage your brand, frustrate customers, and create costly legal battles.

    The AI Accessibility Checklist

    This checklist will help you review AI-generated content before publishing. Each step ties directly to WCAG principles, making accessibility practical and manageable.

    For AI-Written Text

    • Use clear language: Choose plain, everyday words instead of jargon or long, complex phrasing.
    • Ensure proper headings: Use semantic HTML like <h2> and <h3> so screen readers and assistive tech can navigate. Avoid using bold text as a replacement.
    • Write descriptive links: Swap vague text like “click here” for something meaningful, such as “Download our accessibility guide.”
    • Keep a consistent flow: Break up large blocks of text into shorter paragraphs, bullets, or numbered lists so readers can follow easily.
    • Format for scanning: People often skim. Use headings, bullets, and white space to make sure they can still understand the main points at a glance.

    For AI-Generated Images and Visuals

    • Provide meaningful alt text: Describe the purpose of the image, not just what it looks like. For example, instead of “photo of a person,” write “Customer smiling while using our product.”
    • Avoid text inside images: Important words should always appear as live text so they can be read by screen readers and resized.
    • Check contrast: Make sure text and background colors meet at least a 4.5:1 ratio so words are readable by people with low vision.
    • Don’t rely on color alone: Use shapes, labels, or patterns in addition to color to communicate meaning. This helps users who are colorblind.

    For AI-Generated Multimedia

    • Add synchronized captions for videos: Captions must match the audio in both timing and content.
    • Provide transcripts for audio files: A text version allows people who can’t hear—or who prefer to read—to still access the information.
    • Include audio descriptions: When visuals add meaning that isn’t spoken, narrate those details so blind users don’t miss them.

    For AI-Generated Layouts, Code, or Documents

    • Ensure keyboard accessibility: Test navigation using only Tab, Shift+Tab, and Enter keys. All interactive elements should be reachable.
    • Create accessible PDFs: Include proper headings, a logical reading order, alt text for images, and searchable text.
    • Support text resizing: Content should still work when zoomed to 200% without breaking the layout.
    • Apply ARIA correctly: ARIA landmarks and roles can help when HTML alone isn’t enough, but they should never replace semantic tags.

    Testing Your Output

    • Manual review: Always look at the content yourself. Automated tools can’t replace human judgment.
    • Assistive tech testing: Try screen readers, keyboard-only navigation, or voice input tools to see how real users will experience it.
    • Automated scans: Use tools like WAVE, or Lighthouse to quickly flag common issues, then verify the results manually.

    Running through this checklist regularly will catch most accessibility gaps before content reaches your audience.

    Building Accessibility Into Your AI Workflow

    The best way to make accessibility stick is to build it into the workflow, not tack it on at the end. Here are some ways to do that:

    • Use accessible prompts: When you ask AI to create content, guide it with instructions like “Write at an 8th-grade level with clear headings and descriptive link text.” This increases the chance that the draft will already meet accessibility standards.
    • Start with strong templates: Use page layouts, design systems, or document templates that are already set up with accessibility in mind. This reduces the risk of introducing barriers later.
    • Assign responsibility: Make accessibility review part of someone’s role in the publishing process so it doesn’t get skipped.
    • Iterate with feedback: If you notice that AI keeps generating inaccessible elements—like vague alt text or poor contrast—update your prompts or workflow so those issues don’t repeat.
    • Set clear standards: Document rules for headings, alt text, link labels, color use, and formatting. Apply these rules consistently so everyone on your team is aligned.

    By treating accessibility as a normal part of the process, AI-generated content becomes an asset to inclusion instead of a risk factor.

    Accessibility Isn’t Optional—Even with AI

    AI may be changing how quickly we create, but accessibility is what ensures that work actually connects with people. WCAG provides the framework, but it’s people—teams like yours—who make sure the digital world is usable for everyone.

    The risks of overlooking accessibility are real, from frustrated customers to lawsuits. But the rewards are greater: trust, inclusivity, and a digital presence that welcomes all. The good news is you don’t need to slow down to get it right. With the right checklist and habits built into your workflow, accessibility becomes part of how you publish—not an afterthought.

    At 216digital, we help businesses bring accessibility into every stage of content creation—including AI-generated content. If you’re unsure where you stand, consider scheduling a personalized ADA briefing with our team.

    It’s a practical next step toward a digital experience that truly works for everyone.

    Greg McNeil

    August 11, 2025
    Legal Compliance
    Accessibility, AI-driven accessibility, AI-generated content, WCAG Compliance, Web Accessibility, Website Accessibility
  • Don’t Wait for AI Accessibility Tools to Catch Up

    Don’t Wait for AI Accessibility Tools to Catch Up

    AI is everywhere right now. It’s drafting blog posts, churning out social captions, even scanning websites for compliance issues. And if you’ve been keeping up with the hype, you’ve probably noticed one claim in particular: that AI can solve accessibility.

    For a business moving at full speed, that promise sounds almost too good to pass up. Install a plugin, run a scan, check a box—done. But accessibility doesn’t work like that. These tools can point out some issues, sure, but they rarely fix the barriers that actually keep people with disabilities from using your site, your app, or your documents. The cracks stay hidden under a shiny patch.

    And those cracks matter. Real people get shut out of digital spaces. Companies expose themselves to lawsuits and financial hits. And maybe most importantly, the bigger goal—building technology that works for everyone—keeps getting delayed.

    This article takes a closer look at what AI tools really can (and can’t) do, and why waiting for automation to “catch up” is a risky bet. More than that, it gives you practical steps to start building accessibility into your digital strategy today—steps that create lasting, meaningful change.

    AI Is Exciting—but Not a Magic Bullet

    AI tools like AudioEye can scan sites, flag issues, and apply quick fixes in real time—like adding alt text, adjusting color contrast, or correcting heading levels. For busy teams, it feels like a shortcut to digital inclusion.

    But here’s the reality check: research shows AI accessibility tools typically catch only 20–30% of issues. That leaves a massive gap—and it’s a gap with real consequences for users who can’t access your content, and for your legal risk.

    What AI Accessibility Tools Miss

    Most AI accessibility tools and overlays don’t actually fix your code. They act like a layer on top of your site, attempting to correct problems as the page loads. The underlying barriers remain in your codebase, breaking accessibility where it matters most.

    Here are some of the common issues AI often misses or misinterprets:

    • Missing headings that prevent screen reader users from navigating efficiently.
    • Images with no alt text—or worse, incorrect auto-generated descriptions that mislead rather than help.
    • Links with vague text like “click here” that don’t explain their purpose.
    • Form fields with no labels, making it impossible for assistive tech users to complete them.
    • Required fields that aren’t marked as required.
    • Submit buttons with no clear labels, leaving users stuck at the finish line.

    These aren’t minor hiccups—they’re major roadblocks. And they can’t be “patched over” by automation.

    Even more importantly: AI doesn’t know how real people use your site. It doesn’t test whether your video player works with voice commands, whether your interactive map is navigable by keyboard, or whether your carousel is usable for someone with limited dexterity. Human judgment and lived experience are irreplaceable.

    AI Might Improve—Eventually

    Will AI accessibility tools improve? Absolutely. At some point, automation may be able to deliver more accurate fixes, faster and at scale. But that capability is years away—not weeks. Your users and your legal obligations can’t wait for that future to arrive.

    Legal Risk: You’re Responsible Today

    Accessibility laws don’t include a “wait until AI gets better” clause. The Americans with Disabilities Act (ADA), the European Accessibility Act (EAA), and Canada’s AODA all require accessible digital content right now.

    And the lawsuits are growing: in 2024, more than 4,000 ADA Title III lawsuits were filed in the U.S. alone. By the end of 2025, experts expect nearly 5,000. In the first quarter of 2025, nearly 200 suits specifically targeted companies that relied on overlays or AI accessibility tools to claim compliance—claims that didn’t hold up in practice.

    High-profile cases underscore the risk. In January 2025, the U.S. Federal Trade Commission fined accessiBe $1 million for deceptive claims that its AI product guaranteed WCAG compliance. The reality: it didn’t. And regulators, courts, and customers are paying attention.

    Accessibility Pays: Beyond Risk Avoidance

    Avoiding lawsuits matters, but accessibility is also an opportunity. About 20% of the global population lives with a disability. That’s one in five potential customers who may face barriers if your site isn’t accessible.

    Accessibility also improves usability for everyone:

    • Captions help not only people with hearing loss but also those in noisy environments.
    • High contrast improves readability in bright light or for anyone with color sensitivity.
    • Clear link text and consistent layouts make navigation easier and faster for all users.

    These changes lead to stronger customer loyalty, better SEO, and a brand reputation for being inclusive and trustworthy. Accessibility isn’t just compliance—it’s good business.

    How to Act Today—Practical Steps

    If automation isn’t enough, what’s the path forward? The good news: it’s clear and manageable.

    1. Test manually: Explore your site with assistive technologies like screen readers or voice navigation. Even better, involve people with disabilities in your testing process. Their feedback reveals barriers no scan will catch.
    2. Use automation wisely: Scanners and overlays can still help identify issues like missing alt text or low contrast. Just remember: they’re helpers, not full solutions.
    3. Adopt a hybrid model: Combine automation with human-led testing and remediation. Let AI handle repetitive checks, and let experts ensure usability and compliance.
    4. Integrate accessibility into your process: Make it part of everyday workflows—design, development, content creation, and media production. Fixing accessibility at the source saves time, money, and stress.

    Accessibility becomes much easier when it’s built into how your team works every day.

    Looking Ahead

    The future of AI accessibility tools is promising, but they’re not a replacement for human insight. Even as AI advances, accessibility will still require oversight, inclusive design, and empathy for how people actually use technology.

    For now, the choice is clear: don’t wait. The risks are here today, but so are the opportunities to create better digital experiences. Even small improvements—like labeling form fields or ensuring captions—make a real difference.

    By acting now, you reduce legal risk, improve usability, and position yourself to take advantage of AI when it’s truly ready.

    Ready to get started? Schedule an ADA briefing with 216digital to see where your digital content may fall short. Learn which tools can help, what requires expert attention, and how to build accessibility into your roadmap. Clear guidance, no hype—just a realistic plan for moving forward with confidence.

    Greg McNeil

    August 6, 2025
    Legal Compliance
    Accessibility, Accessibility Remediation, Ai and Overlay Widgets, AI-driven accessibility, Website Accessibility

  • Digital Accessibility: A 2025 Midyear Reality Check

    It’s only August, and 2025 is already shaping up to be a defining year for digital accessibility. The pace of change has picked up, not just in technology, but in the legal and business consequences of falling behind. According to Useablenet, a staggering 2,019 lawsuits have already been filed in U.S. courts alleging accessibility violations on websites and digital platforms as of July. That puts us on track to exceed 4,975 cases by year’s end—a 20% increase over 2024.

    So what’s behind the uptick? And what does it mean for online businesses trying to stay compliant, competitive, and ahead of the curve? In this midyear report, we’ll look at the legal shifts, industry patterns, and common mistakes that continue to trip companies up—and where the real opportunities are to get ahead.

    A Sharp Rise in Lawsuits: The Numbers and What They Mean

    Let’s start with the numbers. The current legal landscape around digital accessibility is increasingly being shaped in the courtroom. With over 2,000 cases already filed, 2025 is pacing to be the busiest year yet.

    What’s driving the surge? Several forces are at play:

    • Federal enforcement is light, continuing a years-long trend of limited DOJ action, which shifts the burden to private plaintiffs.
    • Legal uncertainty—especially at the federal level—has led to more lawsuits in state courts, where rules are less predictable.
    • Strategic filings in state courts, particularly in New York, are on the rise. These courts offer more venues, a larger pool of judges, and sometimes more favorable rulings for plaintiffs. They’re also less likely to show what some call “judicial fatigue”—a phenomenon where federal judges grow weary of seeing repeated, similar claims.

    Bottom line? We’re in an era where litigation—not legislation—is leading the way on enforcement.

    Industries in the Crosshairs: Who’s Being Targeted Now?

    E-commerce is still the top target, making up 69% of all digital accessibility lawsuits filed this year. That’s no surprise—shopping websites are complex, constantly changing, and directly tied to revenue, which makes them high-stakes for both users and businesses.

    But some sectors are seeing sharp increases:

    • Food Services: up from 11% in 2024 to 18% this year
    • Healthcare: rising from 2% to 4%
    • Fitness & Wellness: increasing from 2% to 3%

    What’s Behind the Rise in These Sectors?

    Several things are driving these jumps:

    • Many of these sectors rapidly moved more services online in recent years—ordering, booking, telehealth, membership access—but didn’t always include accessibility in those updates.
    • The accessibility of core functions—like scheduling a doctor’s appointment or ordering a meal—is especially critical for users with disabilities. When those experiences fall short, they attract scrutiny.

    If your business is in one of these spaces, now’s the time to pay close attention.

    The Widget Illusion: Overlays Aren’t Cutting It

    Accessibility overlays—also known as widgets or toolbars—promise quick fixes. But in reality, they’re creating a false sense of security.

    In March 2025 alone, 132 lawsuits were filed against companies using accessibility overlays. That’s not just a record—it’s a wake-up call. For comparison, the highest monthly total in all of 2024 was June, with 121 cases.

    The issue is simple: overlays don’t address the real problems buried in your site’s code. They’re cosmetic patches, not functional repairs. Assistive technologies still can’t navigate many sites with overlays, and screen readers often don’t play nice with widget-driven content changes.

    If you’re relying on a widget as your accessibility plan, you’re not just behind—you’re at risk.

    What To Watch for in the Second Half of 2025

    Looking ahead, the rest of 2025 isn’t likely to slow down. Here’s what’s coming:

    • More state-level legislation: As federal rules stall, states may push their own accessibility laws. Businesses could face different standards depending on where they operate.
    • Litigation as the main enforcement method: Until there’s stronger federal oversight, lawsuits will remain the most effective (and costly) way accessibility is being regulated.
    • Overlays under a microscope: Legal and public pressure against widgets will likely continue to mount. Expect more headlines—and more lawsuits.
    • Sector-specific crackdowns: Fitness, food, and healthcare industries are expected to see even more scrutiny in Q3 and Q4. If your digital presence in these sectors hasn’t been audited recently, now is the time.

    Staying aware of these trends will help your business adjust before becoming part of next quarter’s data.

    Staying Ahead, Not Just Staying Afloat

    The first half of 2025 has sent a loud, clear message: digital accessibility can’t be an afterthought. The risks are growing, but so are the opportunities to do better—for your customers, your brand, and your legal standing.

    This midyear checkpoint is a smart moment to pause and reassess. Are your current efforts truly accessible? Or just designed to pass a basic scan? Are you building for real users with disabilities—or relying on a shortcut that might leave you exposed?

    Avoid being part of next quarter’s lawsuit stats. Start making real progress now.

    At 216digital, we offer a free ADA briefing to help you figure out exactly where you stand. It’s not a sales pitch—it’s a chance to get clarity, ask questions, and understand your risk. From that foundation, we help you build a plan that fits your site, your team, and your timeline.

    Because staying ahead in 2025 isn’t just about compliance. It’s about creating digital experiences that include everyone—and doing it with confidence.

    Need a reality check on your accessibility efforts? Schedule your ADA briefing today. Let’s move forward—together.

    Greg McNeil

    July 28, 2025
    Legal Compliance
    2025, Accessibility, ADA Lawsuit, Web Accessibility, web accessibility lawsuits, Website Accessibility

  • What States Have Their Own Accessibility Laws?

    It’s one thing to know that digital accessibility matters. It’s another to figure out which accessibility laws actually apply to your business—and that’s where things start to get murky. Some states follow the federal lead. Others have their own rules, timelines, and expectations. A few have no official laws at all but are still seeing lawsuits.

    It’s not always clear where the lines are. And if you’re trying to do things right—without getting blindsided later—it helps to know what’s happening in your state, not just in theory.

    Here’s what’s really going on across the country, one state at a time.

    The Federal Foundation for Digital Accessibility

    Before we get into what each state is doing, let’s take a quick look at the bigger picture. At the federal level, two key laws shape how we approach digital accessibility: the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. These set the baseline—and everything else tends to build from there.

    Americans with Disabilities Act (ADA)

    The ADA has been around since 1990, created to prevent discrimination against people with disabilities in all areas of public life. While the law doesn’t specifically mention “websites” or “apps,” courts have increasingly interpreted digital platforms to fall under its scope—especially when tied to public services or businesses that serve the public.

    Titles II and III of the ADA

    • Title II applies to state and local governments. It requires their websites and digital services—like online forms, schedules, and service portals—to be accessible to people with disabilities.
    • Title III covers private businesses and nonprofits, from retailers and restaurants to healthcare providers. If you’re offering goods, services, or information online, accessibility isn’t optional—it’s expected.

    Although the ADA doesn’t lay out specific technical standards, most lawsuits point to the Web Content Accessibility Guidelines (WCAG) as the benchmark. Ultimately, ADA compliance is about more than avoiding a lawsuit—it’s about making sure everyone, regardless of ability, can fully participate in today’s digital world.

    Section 508 of the Rehabilitation Act

    Section 508 of the Rehabilitation Act plays a major role in shaping digital accessibility across federal agencies. Originally passed in 1973 and expanded in 1998, it requires that all federal electronic and information technology (EIT) be usable by people with disabilities. That includes everything from websites and software to internal systems and public documents.

    But its impact goes beyond government offices. If you’re a contractor or vendor working with federal agencies, you’re expected to follow these same standards. That has made Section 508 a powerful driver of accessible design across both public and private sectors.

    Together, Section 508 and the ADA form the foundation for digital accessibility compliance across the country. But depending on where you operate, state-specific laws may also come into play.

    States with Their Own Accessibility Laws

    While every state must comply with the ADA and Section 508 over 30 states have adopted digital accessibility requirements beyond the federal baseline.

    Alaska

    Alaska does not currently have its own state-specific digital accessibility laws. However, the state government maintains a State of Alaska ADA Compliance Program and voluntarily adheres to WCAG 2.1 Level AA standards for its own digital services. This means that while there are no separate legal mandates in place, Alaska’s agencies are actively working to ensure their websites and online content are accessible to individuals with disabilities.

    Arizona

    Arizona has incorporated digital accessibility into its statewide IT policy. The state’s accessibility policy requires all government agencies and entities receiving state funding—except certain universities—to follow clear accessibility guidelines. These standards are designed to ensure that public-facing digital content is usable by people with disabilities and aligned with current best practices, including WCAG principles.

    Arkansas

    Arkansas has its own digital accessibility law known as Act 1227 of 1999. This legislation requires that all state government agencies and entities receiving state funding ensure their websites are accessible—particularly to individuals who are blind or visually impaired. While the law predates modern WCAG guidelines, it underscores the state’s early commitment to creating digital spaces that serve all users equally.

    California

    California has some of the most comprehensive digital accessibility laws in the country, reflecting the state’s broader commitment to civil rights and inclusive technology. Key statutes include:

    • Government Code Section 11545.7: Requires every state agency to post a certification of compliance with digital accessibility standards on their website every two years. Sites must meet the requirements of Sections 7405 and 11135 and align with WCAG 2.0 Level AA.
    • Government Code Section 7405: Reinforces Section 508 of the Rehabilitation Act and mandates that state agencies ensure their electronic and information technology is accessible.
    • Unruh Civil Rights Act: Prohibits businesses from discriminating based on disability, including through their digital services. The law applies even to out-of-state companies selling products or services to Californians. Violators can face minimum fines of $4,000 per offense.
    • Government Code Section 11135: Similar to the Unruh Act, but focused on state-run or state-funded programs. It bars discrimination in any activity or program operated by or receiving financial support from the state.

    Taken together, these laws make California one of the most proactive states when it comes to digital inclusion—and a state where accessibility compliance is not just encouraged, but enforceable.

    Colorado

    Colorado is one of the most recent states to pass ts digital accessibility laws with House Bill 21-1110, also known as the Colorado Laws for Persons with Disabilities. Effective July 1, 2024, this legislation builds on federal requirements by mandating that all digital content from state agencies and public higher education institutions be accessible to individuals with disabilities. The law also ensures that no person with a disability is excluded from any service, program, or activity offered by a public entity or state agency.

    Connecticut

    Connecticut requires all state agencies to follow a Universal Website Accessibility Policy. This policy mandates conformance with WCAG 1.0 Level A and includes a Checklist of Design Requirements to help agencies meet usability and accessibility expectations. While the standards are dated, they represent an early commitment to digital inclusion.

    Delaware

    Delaware has a state Digital Accessibility Policy that requires all public-facing digital content to meet WCAG 2.1 Level AA standards. This ensures that state websites and services are usable by individuals with disabilities.

    Georgia

    Georgia requires all state-managed digital content to meet WCAG 2.1 Level AA. This ensures that websites and services from state agencies are accessible and usable for people with disabilities.

    Idaho

    Idaho provides Web Publishing Guidelines that outline IT and telecom standards for state agencies, along with templates and accessibility best practices to help make digital content more inclusive and user-friendly.

    Illinois

    Illinois adheres to the Illinois Information Technology Accessibility Act (IITAA), requiring all state agencies and public universities to ensure their websites and IT systems are accessible to individuals with disabilities. The act outlines clear technical standards and encourages forward-thinking digital inclusion efforts.

    Indiana

    Indiana enforces Indiana Code 4-13.1-3, which supports Section 508 of the Rehabilitation Act. This law mandates that all digital services—including websites, applications, IT systems, and digital documents—managed by the state must be accessible to people with disabilities.

    Iowa

    Iowa follows a Website Accessibility Standard that requires all state agencies and publicly funded contractors to meet WCAG 2.0 Level AA. This ensures digital content and services align with accessibility best practices.

    Kansas

    Kansas implements digital accessibility through its Information Technology Executive Council (ITEC) Policy, which sets accessibility requirements for all state agencies and contractors handling digital assets.

    Louisiana

    The Louisiana Office of Technology Services (OTS) has adopted WCAG 2.1 as the baseline accessibility standard for all state-managed digital content, ensuring compliance with current accessibility guidelines.

    Maine

    Maine’s Digital Accessibility and Usability Policy requires all state-produced digital content and services to meet accessibility standards. Vendors must comply with WCAG 2.0 Level AA, with oversight and support provided by the Information Technology Accessibility Committee and the Maine IT Accessibility Team.

    Maryland

    Maryland enforces the Maryland Information Technology Nonvisual Access (MD IT NVA) Regulatory Standards, which require all new or upgraded IT systems within the state government to be fully accessible for nonvisual users.

    Massachusetts

    The Enterprise Information Technology Accessibility Policy in Massachusetts mandates that all applicable digital assets, including software, websites, and reports, meet WCAG 2.1 Level AA. Compliance is required for all executive branch agencies.

    Michigan

    Michigan’s Digital Accessibility Standard applies to websites, software, digital reports, and other digital assets. Executive branch agencies are required to ensure conformance with WCAG 2.1 Level AA.

    Minnesota

    Minnesota enforces the State of Minnesota Digital Accessibility Standard, most recently updated on July 1, 2024. It requires state agencies to meet WCAG 2.1 and provide accessible websites and digital documents.

    Missouri

    Missouri’s law, RSMo. 161.935, requires that all state agencies ensure their information technology is accessible throughout development, procurement, maintenance, and use. The law also extends to contracts and grants involving ICT.

    Montana

    Montana’s accessibility requirements are defined in state code 18-5-605 (formerly HB 239), which mandates that all state agencies provide IT access to individuals who are blind or visually impaired.

    Nebraska

    Nebraska’s Accessibility Policy requires that all ICT provided by state agencies meet WCAG 2.1 standards to ensure accessibility for users with disabilities.

    Nevada

    Nevada enforces its ADA Technology Accessibility Guidelines, which apply to all state entities and require conformance with WCAG 2.1.

    New Hampshire

    New Hampshire has its own Web and Mobile Application Accessibility Standards, which apply to all state agencies. The standards reinforce Section 508 compliance and recommend WCAG 2.0 as a guide to increase accessibility. A downloadable PDF of the standard is available on the state’s accessibility policy webpage.

    New Jersey

    New Jersey passed NJ A4856, a law requiring all digital platforms and web services used by school districts, charter schools, renaissance schools, and the Marie H. Katzenbach School for the Deaf to meet WCAG 2.1 Level AA.

    New York

    New York follows Accessibility of Information Communication Technology (NYS-P08-005) along with Senate Bill S3114A. These policies set the minimum accessibility standards for state agency websites and require conformance with the most current version of the WCAG.

    Ohio

    Ohio’s Administrative Policy IT-09: Website Ability mandates that all state agency websites, including those developed by third-party vendors, conform to WCAG 2.0 Level AA.

    Oklahoma

    Oklahoma enforces the Electronic and Information Technology Accessibility (EITA) Law, passed in 2004. This law incorporates the updated Section 508 standards and mandates WCAG 2.0 compliance for all state agencies.

    Pennsylvania

    Pennsylvania’s Information Technology Policy (ITP-ACC001) requires that all state government agencies meet revised Section 508 standards and the most current version of WCAG Level AA. Agencies are also encouraged to strive toward Level AAA.

    Rhode Island

    Rhode Island mandates that all state websites meet W3C’s Priority 1 Checkpoints, which are based on WCAG 1.0 standards.

    Texas

    Texas enforces the Texas Web Accessibility Standards, which are part of its Electronic Information Resources Accessibility Policy. Based on Section 508, these standards also include unique criteria for webcasts, applets, and plug-ins. In addition, Texas Administrative Code Sections 206 and 213 require that all state government and higher education websites meet accessibility standards.

    Utah

    Utah’s code 63A-16-209 outlines accessibility requirements for executive branch agencies. It mandates that agency websites and IT systems conform to the latest version of WCAG.

    Virginia

    Virginia enforces both the Virginia Information Technology Access Act (ITAA) and the Virginia Information Technology Accessibility Standard. Created by the Virginia Information Technologies Agency (VITA), these standards require conformance to Section 508 and WCAG 2.0 Level AA for all state agencies and higher education institutions.

    Washington

    Washington enforces the USER-01 Accessibility Policy (formerly Policy 188), which applies to all state agencies. It sets WCAG 2.1 Level AA as the minimum requirement for digital accessibility.

    Need Help Navigating Accessibility Laws?

    rying to make sense of accessibility laws—especially when each state plays by slightly different rules—can feel like walking through fog. Just when you think you’ve figured it out, something changes. That’s completely normal.

    If you’re not sure where your website stands or what steps to take next, you don’t have to figure it out alone. We work with teams every day who are navigating this same landscape. Whether you’re starting from scratch or trying to patch up an old site, we’re here to help you move forward confidently—with clarity, not confusion.

    Let’s talk. Schedule an ADA briefing with 216digital, and we’ll help you sort out what applies, what matters most, and what to do about it.

    Note: This article is for informational purposes only and does not constitute legal advice. Laws are subject to change. Always consult with legal counsel or a qualified accessibility specialist.

    Greg McNeil

    July 22, 2025
    Legal Compliance
    Accessibility, accessibility laws, state accessibility laws, WCAG, Web Accessibility, Website Accessibility

  • ADA Compliance for State and Local Governments

    A resident tried to renew their license, apply for benefits, or register to vote. They found the page—but the form wouldn’t load properly. The labels were missing, the buttons didn’t work with their keyboard, or the error messages didn’t make sense. After a few tries, they gave up. Frustrated, unheard, and now one step further from the help they needed.

    It’s not a rare story.

    When digital government services don’t work for everyone—especially for people using assistive technology—the problem cuts deeper than bad UX. It means someone in your community got left out of a public service. Maybe they missed a deadline. Maybe they called your office, overwhelmed and confused. Or maybe they didn’t say a word, just silently lost faith that their government sees them.

    ADA compliance isn’t a nice-to-have or a compliance checkbox. It’s how public agencies build trust, deliver on their mission, and make sure no one gets shut out. And while it can feel like one more thing on a very long list—it’s not out of reach. Even with tight budgets, limited time, and a small team, meaningful progress is possible.

    Start at the Foundation: Build In, Don’t Bolt On

    Your website is probably the front door to half your services. License renewals, benefit applications, emergency alerts—it all lives online now. So when that door doesn’t open for someone using a screen reader or navigating with a keyboard, the message is clear: this wasn’t built for you.

    And that kind of message doesn’t just frustrate users—it breaks down trust. It also creates extra work for your staff, drives up support requests, and opens the door to compliance issues. It’s a lose-lose.

    The good news? You don’t need a blank slate or a full redesign to make things better. Start where you are, work with what you’ve got, and shift the mindset from “we’ll fix it later” to “let’s make this part of how we work.”

    What the Law Actually Says (And Why It’s Not Just About Lawsuits)

    Let’s clear up the legal side. Yes, digital accessibility is required—and yes, those requirements have recently gotten more specific.

    Title II of the Americans with Disabilities Act now includes digital services. As of April 2024, the DOJ’s final rule requires public sector websites and digital tools to follow WCAG 2.1, Level A and AA. That gives you a defined standard—and frankly, a clearer path forward.

    Then there’s Section 504 of the Rehabilitation Act, which applies to any public service receiving federal funds. If your agency touches education, healthcare, or housing, this rule probably applies to you too.

    And don’t forget the state-level picture. States like California, Colorado, Minnesota, and Illinois have passed their own accessibility laws, some of which go further than federal standards.

    Still, accessibility isn’t just about avoiding legal trouble. It’s about showing residents that your agency is committed to fair access—online, offline, everywhere. Compliance is important. But inclusion is what makes the effort worthwhile.

    WCAG Sounds Complex—But It Boils Down to Four Core Ideas

    You don’t have to memorize the entire Web Content Accessibility Guidelines to start improving accessibility. At its core, WCAG is built on four principles—think of them as your north star:

    • Perceivable: Can people see or hear the content?
    • Operable: Can they interact with it using a keyboard, screen reader, or voice commands?
    • Understandable: Is the information clear, consistent, and logical?
    • Robust: Does the site work across different browsers, assistive tech, and platforms?

    When you keep these in mind while building or updating a digital tool, you’re already making smarter choices.

    Okay, But How Do You Start with ADA Compliance?

    Let’s say you don’t have a dedicated accessibility specialist. Maybe your web team is small. Maybe you wear six hats and accessibility feels like a seventh. Here’s how to make headway anyway:

    Use tools that do the first pass for you.

    Platforms like WAVE, axe, and Google Lighthouse can scan your site for issues like missing alt text, poor color contrast, and unlabeled form fields. These won’t catch everything, but they’ll give you a solid to-do list—especially for easy wins that make a big difference.

    Triage by Traffic

    Start with the digital spaces that matter most: your homepage, your most-used forms, and any system residents rely on during an emergency. These are the areas where accessibility problems cause the biggest real-world consequences—and where fixes bring the biggest impact.

    Teach What Matters To The People Who Touch the Work.

    ADA compliance isn’t just an IT concern. Content editors need to know how to structure text. Designers need to understand color contrast and readable fonts. Even procurement officers should be including accessibility language in contracts. A little role-specific training goes a long way.

    Make It Routine, Not A One-time Fix

    Build ADA compliance into your processes—not just your projects. Add it to your publishing checklist. Review older content during updates. Make it part of procurement, design reviews, and form testing. When it becomes second nature, you avoid the scramble later.

    The Payoff Isn’t Just ADA Compliance—It’s Better Public Service

    ADA compliance improves your service delivery across the board. It helps more people use your tools the way they were intended—without needing to call, email, or show up in person. It also reduces the burden on your staff and helps build public trust.

    And yes, there are cost benefits. When you design with accessibility from the beginning, you avoid expensive rework and reduce your legal exposure. But even more than that, you create digital spaces that feel fair, usable, and modern—qualities your community notices.

    You Don’t Have to Do It All Today—Just Take the First Step

    If you’re still thinking, “We’re not ready,” that’s okay. You don’t have to overhaul everything overnight. ADA compliance is a journey—and the first steps are often the most impactful.

    Start with what you can. Get curious about what’s working (and what’s not). Loop in the people who use your site. And if you need help? Ask for it.

    At 216digital, we offer ADA briefings, a simple, no-pressure way to understand your obligations, identify risks, and plan your next steps.Because digital inclusion isn’t just a standard to meet—it’s a way to serve your community better.

    Greg McNeil

    July 10, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Title II, ADA Website Compliance, state accessibility laws, Title II, Website Accessibility

  • How EAA Enforcement Works Across the EU

    If you’re hearing more about the European Accessibility Act (EAA) lately, you’re not alone—and you’re right to be paying attention. With the June 28, 2025 enforcement date around the corner, many U.S. businesses are starting to wonder: Does this apply to us? Are we at risk if we’re not in compliance?

    The short answer? Not necessarily—but that doesn’t mean you should ignore it.

    The EAA is a major development in digital accessibility law for the European Union, and while it’s not a global regulation, it can impact U.S.-based companies that offer products or services to EU customers. For others, it’s simply a signal of where global accessibility expectations are headed.

    This article breaks down what the EAA actually is, who needs to comply, how enforcement works, and how to determine whether it applies to your business. No panic, no guesswork—just the facts and a clear path forward.

    Setting the Stage: What Is the EAA?

    The European Accessibility Act (EAA) is an EU directive focused on improving digital and product accessibility for people with disabilities across member states. It’s designed to standardize accessibility expectations throughout the EU, ensuring equal access to services like banking, transportation, e-commerce, and more.

    The law goes into effect on June 28, 2025, and several EU countries are already working to align their national laws accordingly. For companies operating in the EU, this is a significant compliance milestone.

    But here’s the key point: The EAA only applies to businesses that actively do business in the European Union.

    Who the EAA Applies To—and Who It Doesn’t

    The EAA’s core goal is to eliminate digital accessibility barriers. Whether someone is shopping online, checking into a flight, reading an eBook, or using a mobile banking app, the EAA ensures people with disabilities in the EU can participate fully in everyday digital life.

    Does the EAA Apply to U.S. Businesses?

    In short: Only if you’re engaging directly with EU customers.

    The EAA is not a global requirement. It’s meant for companies that:

    • Operate physically or digitally within the EU,
    • Market or sell directly to consumers in EU countries, or
    • Offer digital services like online platforms or mobile apps in the EU marketplace.

    So, if your business has no EU offices, no EU-based clientele, and no intention to serve EU consumers, the EAA doesn’t apply to you.

    What About Small Businesses?

    Even within the EU, microenterprises—those with fewer than 10 employees and less than €2 million in annual revenue—are exempt. That’s important for U.S. startups and solopreneurs wondering if having a website puts them on the hook. It doesn’t.

    What the EAA Actually Requires

    If your organization does conduct business in the EU, here’s what compliance looks like:

    Covered Products and Services

    The EAA applies to a wide range of digital goods and services, such as:

    • Online marketplaces and e-commerce platforms
    • Mobile apps and websites
    • Digital banking interfaces and ATMs
    • Public transport booking systems
    • eBooks and reading devices
    • Ticketing machines and self-service kiosks

    Accessibility Standards

    Compliance requires aligning with EN 301 549, which references WCAG 2.1 Level AA—a familiar standard in the U.S.

    That means your content and digital tools should be:

    • Perceivable: Understandable with assistive technologies
    • Operable: Usable with various input methods like keyboards
    • Understandable: Clear, predictable layouts and instructions
    • Robust: Functional across devices and platforms

    Accessibility Statements

    EAA-compliant websites and apps must also include an accessibility statement that communicates the site’s current accessibility status, outlines any known limitations, and provides a channel for users to request support or report issues.

    How EAA Enforcement Actually Works

    EAA enforcement isn’t handled at the EU level. Instead, each member state enforces the EAA independently, with its own authority, procedures, and penalty structures. That means the experience—and consequences—can vary from country to country.

    Here are a few notable examples:

    • France: Handled by Défenseur des droits, with fines up to €250,000
    • Germany: Managed by BFIT-Bund and regional bodies; penalties from €10,000 to €500,000
    • Ireland: Overseen by the National Disability Authority; up to €60,000 in fines or imprisonment in serious cases
    • Italy: Governed by AgID; fines can reach €25,000
    • Spain: Managed by OADIS and regional authorities; penalties as high as €600,000

    A Word to Multinational Businesses

    If your business spans multiple EU countries, EAA enforcement can get complex. Each jurisdiction may interpret the directive differently, making early planning essential for smooth, consistent compliance.

    What U.S. Businesses Should Actually Do

    Now that you have a clearer picture, here’s how to assess your next steps.

    1. Evaluate Your Exposure

    Ask yourself:

    • Do you sell to or serve customers in the EU?
    • Do you offer a localized site or support EU languages?
    • Are your apps available in EU-based app stores?

    If the answer is yes, EAA compliance is likely necessary. If not, you’re likely outside its scope—but staying informed is still a wise move.

    2. Take Practical (Not Panicked) Steps

    If you do engage with the EU market, now is the time to:

    • Audit digital products for WCAG 2.1 Level AA alignment
    • Fix known accessibility issues (navigation, color contrast, labeling, etc.)
    • Publish an accessibility statement
    • Document your efforts for accountability

    And if you’re unsure where to start, bring in accessibility experts. The right support can help you avoid missteps, reduce liability, and stay aligned with country-specific EAA enforcement requirements.

    3. Remember: Accessibility Is a Business Advantage

    Even if the EAA doesn’t apply to you now, accessibility is still a smart investment. It can:

    • Broaden your customer reach
    • Improve usability and search engine performance
    • Build long-term brand trust and loyalty
    • Help you stay ahead of evolving legal and market expectations

    And in the U.S., digital accessibility remains a legal risk under the ADA. Proactive improvements made today could save you from future challenges—at home and abroad.

    Looking Ahead: Stay Aware, Not Alarmed

    The European Accessibility Act represents a shift in global digital accessibility expectations—but that doesn’t mean every U.S. business needs to overhaul its operations overnight. If your company doesn’t operate in the EU or serve EU-based customers, this law likely doesn’t apply to you.

    Still, moments like this are valuable reminders. They give forward-thinking businesses a chance to pause, evaluate, and strengthen their digital experiences—not just for compliance but for the real people who rely on accessible technology every day.

    Whether you need to take immediate steps or want to stay ahead of future regulations, the smartest move is to stay informed and be proactive. Accessibility isn’t about reacting to legal threats—it’s about building resilient, inclusive digital experiences that serve everyone, everywhere.

    Need clarity on where you stand or how to move forward? Let 216digital help you navigate accessibility with confidence and purpose.

    Greg McNeil

    June 25, 2025
    Legal Compliance
    2025, Accessibility, EAA, European Accessibility Act, Legal compliance, Website Accessibility

  • How Courts Are Addressing Serial ADA Plaintiffs

    In recent years, federal courts—particularly in New York—have seen a wave of ADA Title III lawsuits targeting website accessibility issues. While the Americans with Disabilities Act was designed to protect the rights of people with disabilities, a growing number of cases have been brought by serial ADA plaintiffs—individuals who file dozens of near-identical lawsuits across various businesses, often seeking attorney’s fees rather than pursuing real accessibility improvements.

    Now, two recent federal court decisions—Fernandez v. Buffalo Jackson Trading Co. (S.D.N.Y., April 14, 2025) and Black v. 3 Times 90, Inc. (E.D.N.Y., April 15, 2025)—are signaling a turning point. Both rulings reflect a trend toward stricter judicial scrutiny and a renewed focus on standing. The message from the courts is becoming clear: claims must be backed by credible, specific allegations of harm—not just boilerplate language.

    1. The Rise of Serial ADA Plaintiffs and Lawsuits

    In 2024, more than 2,400 ADA Title III lawsuits were filed in federal court alleging website accessibility barriers—a slight uptick from the year before. But despite the continued volume, filings in New York federal courts dropped by 39% compared to 2022, reflecting a noticeable shift. Just 23 plaintiffs were responsible for over half of the cases, pointing to a strategy rooted more in quantity than in quality—a hallmark of serial ADA plaintiffs.

    These lawsuits typically rely on generic language, vague descriptions of barriers, and claims of intent to return that lack meaningful context. Courts are now starting to challenge those claims more directly, pushing back on whether plaintiffs have suffered a legitimate “injury in fact” or have any real intention of using the websites they’re suing over.

    2. Fernandez v. Buffalo Jackson Trading Co., LLC

    In this case, Felipe Fernandez, who is legally blind, sued Buffalo Jackson Trading Co., claiming that he couldn’t complete a purchase of a leather jacket due to accessibility barriers on the company’s website. He pointed to issues like missing alt text and form labels, and stated that he intended to return and complete the purchase once the issues were resolved.

    The Court’s Response

    Judge John Cronan didn’t dismiss the case outright. Instead, he ordered jurisdictional discovery and an evidentiary hearing to explore whether Fernandez actually had standing to sue. His reasoning was grounded in constitutional principles:

    “Article III standing is not merely a pleading hurdle—it’s a core constitutional guardrail.”

    The court flagged several red flags:

    • Fernandez had filed dozens of similar complaints, often within the same week, using the same legal template.
    • He claimed to have tried to purchase items ranging from leather jackets to African necklaces to martial arts gear—an unusually wide variety for a single consumer.
    • Despite claiming he couldn’t navigate the site, he referenced specific product features, pricing, and even a promotional discount—suggesting that the site may not have been as inaccessible as alleged.

    To dig deeper, the court authorized a forensic review of Fernandez’s browsing history and potentially a deposition, signaling a strong interest in validating the sincerity of his claims and patterns consistent with serial ADA plaintiffs.

    3. Black v. 3 Times 90, Inc.

    In a separate case, plaintiff Jahron Black—also legally blind—filed suit against a Chinese restaurant, claiming he couldn’t access key information on its website, such as the menu and location details. He said he wanted to visit the restaurant “immediately” and often frequented the neighborhood.

    Why the Court Dismissed the Case

    Judge Natasha Merle dismissed the complaint for lack of standing, even though the defendant had argued mootness due to recent accessibility fixes. The judge found that:

    • Black failed to explain how the website’s issues prevented him from visiting the physical location.
    • He didn’t attempt to get the same information through other means, like a phone call or search engine—undermining his claim of urgency.
    • There was no compelling reason offered for why this particular restaurant mattered, especially given New York City’s wide range of similar dining options.

    While not central to the decision, the judge noted that Black had filed 27 similar lawsuits within the previous year, a pattern that mirrors the behavior of serial ADA plaintiffs.

    The court concluded that the complaint didn’t show any real intent to return or actual harm, and dismissed the case without leave to amend.

    4. Why These Rulings Matter

    Together, these decisions point to a more assertive judicial approach to ADA website litigation driven by serial ADA plaintiffs. Courts are no longer content to accept vague allegations and templated filings. Instead, they’re insisting on:

    • Specific, credible claims of harm
    • Clear intent to return or complete a transaction
    • Evidence to support those claims, such as browsing history or meaningful engagement with the site

    In Fernandez, the court is even considering deposing the plaintiff and conducting a forensic review of his device—an extraordinary step that shows how seriously judges are taking the issue of standing.

    5. What This Means for Plaintiffs, Businesses, and the Courts

    For Plaintiffs and Their Attorneys

    Courts are demanding more. To pursue these cases in federal court, plaintiffs must provide:

    • Documented evidence of actual attempts to use the site
    • Specific descriptions of what went wrong and how it impacted them
    • A credible reason for why they’d return

    Vague complaints and mass filings are less likely to survive a motion to dismiss. They may also trigger closer scrutiny of the plaintiff’s litigation history—especially for known serial ADA filers.

    For Businesses

    These rulings present an opportunity to push back when faced with questionable lawsuits. Businesses should consider:

    • Challenging standing early, especially if the complaint lacks details or appears templated
    • Requesting jurisdictional discovery to verify the plaintiff’s claims
    • Tracking patterns of repeated filings by the same individuals or firms

    Additionally, some plaintiff firms are now shifting lawsuits to state courts, where standing requirements are generally less demanding. Businesses should prepare for this potential change in forum.

    For the Legal System

    This trend marks a balancing act: protecting the ADA’s intent while discouraging opportunistic litigation. Federal courts are raising the bar for standing in accessibility lawsuits. This reinforces the idea that these cases should address real-world barriers and genuine attempts to engage with businesses—not rely on legal templates meant to generate fees.

    6. Looking Ahead

    The upcoming hearing in Fernandez could prove to be a watershed moment. If the court finds that Fernandez lacked standing, it would further solidify the trend toward stricter standards. If the case moves forward, it may help define what constitutes credible evidence of harm in ADA website lawsuits.

    Either way, these rulings serve as a wake-up call for both sides: businesses must continue improving accessibility, but the legal process must remain focused on real harm—not manufactured complaints.

    A Turning Point—and a Call to Act

    The landscape for serial ADA plaintiffs is shifting. Courts are drawing a firmer line between legitimate accessibility concerns and litigation that appears more about fees than fairness. For businesses, this means new opportunities to defend against weak claims—but also a strong reminder that proactive, meaningful accessibility improvements remain the best long-term strategy.

    As these cases evolve, so too must the approach to compliance and litigation. The stakes are higher, and the scrutiny is sharper. Now more than ever, standing—and sincerity—matter.

    Not sure if your site is at risk? Schedule a free ADA briefing with 216digital to assess your exposure and get expert guidance

    Greg McNeil

    June 12, 2025
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, serial ADA plaintiffs
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