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  • 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

  • Web Accessibility for Retailers Under Legal Fire

    If you’re running an online retail business, digital accessibility might not be the first thing on your to-do list—but it needs to be. In today’s eCommerce landscape, accessibility for retailers isn’t just a best practice—it’s a legal requirement and a smart business move.

    Retail websites are complex, dynamic, and frequently updated, which makes them especially vulnerable to accessibility issues. And as more people rely on online shopping to meet daily needs, the stakes are higher than ever. Lawsuits are on the rise, but more importantly, so is the expectation that your site works for everyone.

    Product carousels, filters, multi-step checkout processes, popups, modals, and embedded third-party tools all add complexity and make accessibility more difficult.

    Why Web Accessibility for Retailers Matters

    Retailers have become one of the biggest targets for digital accessibility lawsuits. In fact, in 2024 alone, 77% of all web accessibility lawsuits in the U.S. targeted online retailers—making the industry the most litigated digital sector. These lawsuits aren’t just targeting Fortune 500 brands; regional and mid-market businesses are facing legal action at an increasing rate.

    There are several reasons for this:

    Retail Websites are Dynamic And Complex

    They’re filled with product carousels, filters, multi-step checkout processes, popups, modals, and embedded third-party tools—all of which can be difficult to make accessible. Without proper structure, markup, and ARIA attributes, these elements can become unusable for people relying on screen readers or keyboard navigation.

    eCommerce Sites Are Constantly Updated

    Product pages change, promotions rotate, and new features are added regularly. These updates often introduce new accessibility problems—especially when not reviewed with accessibility in mind.

    Online Shopping is Essential

    It’s no longer a luxury; it’s how millions of people access everyday goods and services. If a website prevents someone from completing a purchase due to an accessibility barrier, it becomes a civil rights issue—legally and ethically.

    Demand Letters Are Widespread

    Each year, hundreds of thousands of demand letters are sent to businesses for digital accessibility violations. These letters signal that a company is excluding people with disabilities, and the reputational damage can be immediate.

    Legal and Technical Web Accessibility for Retailers

    Title III of the Americans with Disabilities Act (ADA)requires U.S. retailers to ensure accessibility for people with disabilities in all places of public accommodation. In today’s digital world, the courts and the Department of Justice (DOJ) have made it clear: this requirement also applies to websites—especially those that sell goods and services to the public.

    Courts and plaintiffs use the Web Content Accessibility Guidelines (WCAG) as the standard for compliance in nearly all accessibility-related lawsuits. The DOJ reaffirmed this approach in 2024, solidifying WCAG as the benchmark for evaluating whether a website is accessible.

    The Four Golden Rules of Accessibility: POUR

    At the heart of WCAG are four key principles known by the acronym POUR: Perceivable, Operable, Understandable, and Robust. These form the foundation for accessible digital experiences and help ensure your website works for everyone.

    • Perceivable – Users must be able to identify and interact with content. This includes providing text alternatives for images, captions for videos, and other sensory accommodations.
    • Operable – The site must support navigation with a keyboard, screen reader, or other assistive tools—without relying solely on a mouse.
    • Understandable – Information and functionality should be easy to comprehend and behave in expected ways to avoid confusion.
    • Robust – Content must be compatible with a wide range of current and future assistive technologies, such as screen readers or voice commands.

    And it’s not just your website. These principles should also extend to digital documents, confirmation emails, customer service interactions, and anything else a user might engage with online.

    Common Pitfalls on Retail Websites

    Retail sites face some of the most complex accessibility challenges. Here are a few issues that often trigger lawsuits:

    • Unlabeled or mislabeled form fields that prevent screen reader users from checking out.
    • Broken keyboard navigation makes it impossible for users with motor impairments to complete transactions.
    • Missing alt text on product images.
    • Low color contrast between text and backgrounds.
    • Non-dismissable modals or popups that trap users.
    • Checkout flows that break when even one component isn’t accessible.

    These barriers frequently appear when using templates, third-party plugins, or custom JavaScript that hasn’t been accessibility-tested. They can completely disrupt the buying experience for users who depend on assistive technologies. Web accessibility for retailers requires a consistent and intentional approach to prevent these obstacles from resurfacing.

    What Happens If You’re Sued

    Most lawsuits begin with a demand letter—often asking for immediate remediation and a financial settlement. If ignored, this can escalate into a federal lawsuit under the ADA or state-level laws like California’s Unruh Civil Rights Act, which allows for additional penalties.

    Settlements may cover remediation costs and legal fees, but the real damage is often reputational—especially when exclusion of disabled users becomes public knowledge.

    Even if your business wins the case, legal defense costs are high. And if your site remains non-compliant, you may be targeted again. With web accessibility for retailers, prevention is significantly less costly than a reactive legal defense.

    A Proactive Plan for Retailers

    Accessibility isn’t a one-time fix. It’s an ongoing strategy. Here’s how to start with accessibility for retailers:

    1. Start with an Audit

    Use automated tools like Lighthouse or WAVE for a quick scan. But don’t stop there—manual testing is essential for identifying real-world usability barriers.

    2. Fix Key Areas First

    Prioritize your homepage, product pages, cart, and checkout. Make sure form fields are labeled, keyboard navigation works, and screen readers can read your content.

    3. Address Dynamic Elements

    Focus on complex components—like popups, modals, filters, and third-party integrations—that often create the biggest challenges. Use semantic markup and ARIA attributes to support assistive tech.

    4. Monitor Continuously

    Your site changes frequently. Build accessibility checks into your update process so new features don’t break usability, or use a monitoring service like a11y.Radar.

    5. Train Your Team

    Give your developers, content editors, and marketing teams the knowledge they need to create inclusive content from the start.

    6. Consider Outside Help

    Accessibility is nuanced. A qualified team can help you get it right—and keep it that way.

    Retailers: Don’t Let Accessibility Be an Afterthought

    Web accessibility for retailers is no longer optional. It’s central to building a sustainable, inclusive, and legally safe business. In a digital environment where over 30% of the top 500 eCommerce retailers were sued last year, doing nothing is no longer a risk—it’s a liability.

    But there’s a real upside, too. Accessibility leads to better experiences, broader audiences, stronger SEO, and a more trusted brand.

    Start now. Audit your site. Fix the gaps. Train your team. Partner with experts. Turn accessibility from a compliance headache into a strategic advantage.

    Need Help Making Your Retail Site Accessible?

    216digital offers full audits, real-world testing, and proactive monitoring to ensure your site meets WCAG standards and stays lawsuit-resistant. Let’s make your eCommerce experience inclusive—and legally safe—from day one.

    Greg McNeil

    June 11, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ecommerce website, Retail, WCAG, Web Accessibility, Website Accessibility

  • WordPress Accessibility: Common Pitfalls & Fixes

    WordPress gives developers a head start with accessibility—but it’s just that: a start. While the platform includes solid foundations like semantic markup and keyboard-friendly admin features, building an experience that works for everyone still requires thoughtful decisions on our part. As developers, we’re in a unique position to go beyond the basics, spotting the small oversights that can create big barriers for users.

    In this guide, we’ll walk through some of the most common accessibility missteps we see in WordPress projects—along with practical fixes you can implement right away. Whether you’re refactoring an old theme or launching something new, these insights are meant to help you create experiences that are not just compliant, but genuinely inclusive.

    Misuse of Heading Structures for Visual Styling

    It’s easy to reach for <h2> or <h3> tags to style text because they’re built into most WordPress themes with bold and larger font sizes. But when headings are used purely for visual emphasis—not structure—you end up distorting the page’s semantic outline.

    Why It Matters

    Screen reader users often rely on heading navigation to scan and jump between sections. If headings are skipped, out of order, or misused, the page becomes harder to understand, and key content may get missed entirely.

    How to Fix It

    • Use CSS for Styling: Apply styles using classes or inline styles, not heading tags. In Gutenberg, you can use blocks with custom styles or reusable blocks instead of jumping heading levels.
    • Follow a Logical Heading Hierarchy: Begin with one <h1> per page (usually the title), then use <h2> for top-level sections, <h3> for subsections, and so on.
    • Audit Your Work: Use tools like WAVE or the Google Lighthouse Accessibility Report to evaluate your heading structure and flag potential misuses before they go live.

    Overreliance on Theme Defaults for Color Contrast

    Many developers trust their WordPress theme’s default color scheme to do the heavy lifting—but while a palette may look good visually, it doesn’t mean it’s accessible. Default colors often fail to meetWCAG 2.1 AA standards, especially for body text and buttons.

    Accessibility Risk

    Poor color contrast is a major barrier for users with low vision or color blindness. If your text blends into the background, you’re excluding readers—sometimes without realizing it.

    Practical Fixes

    • Test Contrast Ratios: Use WebAIM’s Contrast Checker or the Color Contrast Analyzer to validate text against its background.
    • Override Theme Defaults: Most modern themes offer customization options via the Customizer or Full Site Editing. Make small adjustments—lighten text, darken backgrounds—to meet or exceed the 4.5:1 minimum contrast ratio.
    • Offer User Controls: Consider giving users the ability to switch to high-contrast mode with plugins like “WP Accessibility.” This gives more control to your users while improving inclusivity.

    Improper List Markup Practices

    It’s not unusual to see developers create the appearance of a list using <div> tags, line breaks, or other non-semantic methods—especially in custom blocks or page builders commonly used in WordPress.

    Why It’s a Problem

    Screen readers rely on semantic tags like <ul>, <ol>, and <li> to announce that a list exists, how many items are in it, and how items relate to each other. Without this structure, users lose context.

    Best Practices

    • Use Native List Markup: If it’s a list—code it as a list. Use <ul> for unordered lists and <ol> for ordered ones. Wrap each list item in <li>.
    • Handle Nesting Thoughtfully: For sub-lists, nest another <ul> or <ol> inside an <li>. Screen readers will announce the nested structure properly.
    • Test Your Output: Run accessibility audits or inspect the DOM to ensure list structures are coded semantically, especially when using custom Gutenberg blocks or page builders.

    Neglecting Contextual Relevance in Alt Text

    WordPress auto-generates alt text from image file names if authors don’t supply one. That’s how you end up with images labeled “IMG_4829.jpg”—which isn’t helpful to anyone.

    Why It Matters

    Alt text should describe why the image is there, not just what it looks like. If the image provides important context, instructions, or emotion, a generic label fails users who rely on screen readers.

    What Developers Can Do

    • Write Purpose-Driven Alt Text: If the image is showing a concept, outcome, or step in a process, describe that context directly. For example, “Screenshot of the plugin settings menu with Accessibility Mode enabled.”
    • Avoid Phrases Like “Image of…” Screen readers already announce the presence of an image. Jump straight into the relevant description.
    • Use Empty Alt for Decorative Images: For visuals that are purely aesthetic and add no informational value, use alt="" so assistive tech knows to skip it entirely.

    Overuse and Misapplication of ARIA Attributes

    ARIA is a powerful toolset—but like any tool, misuse can cause more harm than good. Adding roles and attributes without understanding their implications can break screen reader behavior or clutter the accessibility tree.

    The Real Cost

    Improper ARIA use can confuse assistive technologies, interfere with default behaviors, and even make components harder—not easier—to use. Overengineering is just as dangerous as under-engineering.

    Smarter ARIA Use

    • Favor Native HTML First: If you’re building a checkbox, <input type="checkbox"> with an associated <label> is far more reliable than using a <div> with ARIA roles and states.
    • Use ARIA Only When Required: If you’re building a custom interactive widget (like a tabbed interface or menu), consult the ARIA Authoring Practices Guide. Choose correct roles and manage keyboard interactions accordingly.
    • Test Your Implementation: Use screen readers like NVDA or VoiceOver to verify that ARIA is behaving as expected. Pay attention to focus, announcements, and interaction patterns.

    Overlooking Keyboard Navigation and Focus Management

    Many developers unintentionally design for mouse users first. But for users relying on keyboards—whether due to preference, disability, or temporary injury—keyboard accessibility is critical.

    Key Accessibility Concerns

    • No Visible Focus Indicators: Removing browser outlines with outline: none; without providing alternatives leaves users lost.
    • Custom Components Not Keyboard-Aware: Modals, sliders, dropdowns, and carousels built from scratch often lack proper keyboard event handling and focus management.

    Developer-Friendly Fixes

    • Ensure Focus Visibility: Style focused elements clearly using CSS, like :focus { outline: 2px solid #000; }. Customize this to match your theme, but don’t remove it entirely.
    • Handle Keyboard Events: For custom components, add keydown or keyup listeners to handle Enter, Escape, and Arrow keys appropriately. Don’t rely on click events alone.
    • Do Keyboard-Only Testing: Regularly test your site using only the keyboard. Tab through each interactive element and verify focus moves logically, without skipping important controls.

    What True Accessibility Looks Like in WordPress

    Accessibility isn’t a checklist—it’s a mindset. When we write clean, semantic code, ensure visual clarity, and support every way a user might interact with our sites, we’re not just doing right by WCAG—we’re doing right by our users. The real goal is to build experiences that work for everyone, without assumptions about how people navigate the web.

    As WordPress developers, we have powerful tools and a vibrant ecosystem at our disposal. Let’s use them with care and intention. Keep testing, stay curious, and don’t hesitate to dig deeper. And if you’re looking to strengthen your accessibility efforts, 216digital offers ADA compliance briefings tailored to development teams. We’re here to support your work—because inclusive development is better development.

    Greg McNeil

    June 10, 2025
    How-to Guides, Legal Compliance
    Accessibility, How-to, WCAG, Web Accessibility, web developers, web development, Website Accessibility, WordPress

  • Law Firms Aren’t Built for Accessibility Remediation Services

    When a demand letter lands in your inbox, or an ADA-related lawsuit hits your desk, your first thought might be to call a lawyer. That’s a natural reaction—after all, legal issues usually call for legal help.

    But here’s where things get a little more complicated: if the problem is your website’s accessibility, then legal advice alone won’t fix it. And that’s where many businesses take a wrong turn. Legal teams can guide you through the paperwork, but they’re rarely the ones who dig into your code, address the real barriers, or help you prevent the next lawsuit.

    This article walks you through why relying on a law firm to handle accessibility remediation services might not be the best move—and what a smarter, more effective approach looks like.

    The Problem: Law Firms Handle Lawsuits—Not Code

    Let’s be clear—attorneys have an important role. If you’ve received a demand letter or lawsuit, they can help you respond, negotiate, or represent you in court. But legal involvement doesn’t make the accessibility problem go away. The root issue—your website not working for people with disabilities—still remains. And it’s that issue that continues to carry legal and reputational risk.

    Most law firms don’t have in-house technical teams. No developers, no certified accessibility experts, no usability testers. So what happens? They either outsource the actual accessibility remediation services to third-party vendors (often charging a premium along the way) or provide high-level reports filled with checklists that leave your dev team guessing at what to do next.

    That means you’re still on the hook for the real work—and possibly paying more for it.

    Hidden Risk #1: You’ll Pay More for Less

    Law firms typically charge by the hour, which makes sense for legal tasks like reviewing contracts or negotiating settlements. But when they apply those same rates to accessibility-related work—such as interpreting WCAG guidelines, coordinating with vendors, or reviewing audit summaries—it turns into a costly game of telephone.

    You end up paying for layers of administrative overhead that slow down progress and don’t actually improve your website.

    Worse, you might not even realize where the money is going. Legal fees can pile up quickly without producing the tangible results your business actually needs: a compliant, accessible, functional website. For small to mid-size organizations trying to manage both compliance and budget, this model is hard to justify.

    Hidden Risk #2: The Fixes May Not Be Complete

    Fixing accessibility isn’t about running a quick scan and addressing a handful of errors. Real remediation requires technical precision, contextual judgment, and manual testing—especially with screen readers and keyboard navigation. It involves understanding how accessibility issues present in code and how they affect the user experience for people with different disabilities.

    Many law firms don’t have the tools—or the trained personnel—to go that deep. And their vendor partners often lean heavily on automated tools that only catch surface-level issues.

    Here’s what that kind of partial remediation can miss:

    • Form fields without accessible labels
    • Improper heading structures that confuse screen readers
    • Modal windows that can’t be closed without a mouse
    • Buttons or links that don’t receive keyboard focus
    • Dynamic content changes that don’t alert assistive technologies

    These aren’t fringe cases—they’re exactly the kinds of issues that trigger lawsuits. Unfortunately, teams often overlook them when legal experts, rather than technical specialists, lead accessibility remediation efforts.

    Hidden Risk #3: No Plan for the Long Term

    Even if your legal team manages to patch things up for now, accessibility isn’t a one-and-done situation. Websites evolve. New content is added. Platforms update. If you don’t have an ongoing plan, you risk falling out of compliance all over again—and landing back in legal trouble.

    Law firms are built for casework, not for long-term technical oversight. Most won’t offer monitoring services, provide training for your content team, or stay engaged as your digital properties change over time. Without a partner who understands how to maintain accessibility remediation services, you’re left exposed.

    That’s why sustainable compliance calls for a proactive strategy—one that goes beyond legal checkboxes and focuses on real-world usability, continuous improvement, and future-proofing your site.

    What Proper Accessibility Remediation Services Look Like

    To address ADA compliance issues the right way, you need more than legal advice—you need a full-service accessibility team that knows how to diagnose, prioritize, and implement lasting solutions.

    Here’s what effective accessibility remediation services typically involve:

    1. In-Depth Accessibility Audit

    Experienced accessibility professionals start by reviewing your site against WCAG 2.1 A/AA standards using both automated and manual testing. This ensures nothing gets missed. A proper audit covers the following:

    • Screen reader testing using tools like NVDA, JAWS, or VoiceOver
    • Keyboard-only navigation analysis
    • Color contrast checks
    • Semantic HTML review
    • ARIA role validation for dynamic content

    It’s this level of testing that uncovers real usability barriers.

    2. A Clear, Actionable Roadmap

    Instead of a vague checklist, a solid remediation team will provide a prioritized list of issues, each translated into plain language with clear technical recommendations. The goal is to make it easy for developers to understand what needs to be fixed—and how.

    3. Code-Level Fixes

    This is the heart of remediation. A professional team doesn’t just point out problems—they roll up their sleeves and solve them. That includes adjusting templates, improving focus states, rewriting inaccessible components, and ensuring your code structure supports screen readers and keyboard navigation.

    It’s hands-on work—and it requires skilled front-end developers who understand both accessibility and UX.

    4. Real-World Usability Testing

    After you make changes, your work isn’t done. Test the updated site again—this time in real-world scenarios using assistive technologies. This step confirms that your remediation efforts actually work for the people they’re designed to support.

    5. Documentation & Legal Support

    While not a substitute for a legal team, many remediation partners provide helpful documentation—such as accessibility statements, conformance reports (like VPATs), and audit results—that demonstrate your organization’s commitment to accessibility. These materials can also support your response if you’re facing legal scrutiny.

    6. Ongoing Monitoring

    Even after remediation, your site should be monitored regularly. A good partner will offer scanning tools like a11y.Radar for testing and alerts to catch issues early—before they turn into compliance risks.

    Why Accessibility Professionals Are the Better Fit

    Accessibility specialists solve the actual problem: they make websites usable for people with disabilities. They work closely with your development, design, and content teams to create solutions that align with your brand, support your UX goals, and meet compliance requirements.

    Unlike law firms, accessibility pros don’t just help you react—they help you prepare. Their job is to prevent problems, not just manage them after the fact.

    They bring technical knowledge, lived user experience insights, and a collaborative mindset to the table. That’s how you get lasting results—not just legal coverage, but a stronger, more inclusive digital presence.

    Conclusion: The Smart Path to Lasting Compliance

    If you’re navigating legal pressure because of an inaccessible website, it’s important to act quickly—but also wisely. Legal teams play a role, yes, but true ADA compliance requires more than legal documents and advice. It takes technical expertise, accessibility remediation services, and a long-term plan that goes beyond checking boxes.

    The right partner doesn’t just help you respond to a lawsuit—they help you prevent the next one by making your website genuinely usable for everyone. That means fewer legal risks, stronger user trust, and a better experience across the board.

    At 216digital, we specialize in real solutions—not just legal responses. From WCAG audits and code-level fixes to usability testing and ongoing monitoring, we help you build and maintain a site that works for everyone.

    Schedule an ADA briefing with our accessibility team today to get clear, honest guidance on what your site needs, what’s at risk, and how to move forward confidently. Let’s make your compliance efforts count—for your users and your business.

    Greg McNeil

    June 4, 2025
    Legal Compliance
    Accessibility, Accessibility Remediation, Accessibility testing, ADA Compliance, WCAG, Web Accessibility, Web Accessibility Remediation, Website Accessibility
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