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  • Accessibility Remediation: Definitions & Guidelines

    When you’re getting started with digital accessibility, it’s easy to feel overwhelmed by all the technical jargon to wrap your head around. However, getting familiar with these key concepts is the first step toward making your website more accessible for everyone to use. In this guide, we’ll break down some of the most important terms you’ll come across in accessibility remediation. Whether it’s ensuring your site works well with keyboard navigation or understanding how assistive technologies come into play, we’ve got you covered. This quick rundown will help you get comfortable with the basics and take meaningful steps toward a more accessible site.

    Key Terminology in Accessibility Remediation

    When it comes to making your website accessible, there are a few key terms you’ll want to get familiar with. Here’s a quick breakdown of the essential terms you’ll encounter as you work to ensure your site is welcoming and usable for everyone.

    Usability

    Usability is all about how easy it is for people to navigate and interact with your website. The goal is to make sure that no one—regardless of their abilities—struggles to find what they’re looking for or complete tasks. It’s not just about making things functional, but about making them simple, intuitive, and frustration-free for all users.

    Remediation

    Remediation is just a fancy way of saying “fixing accessibility issues.” These are problems uncovered during an audit or assessment. This could mean tweaking your code, updating content, or adding features to make your site easier for people with disabilities. The idea is to go beyond patching things up and ensure your site works smoothly in the long run.

    Compliance

    Compliance refers to meeting specific legal guidelines and standards, like the Americans with Disabilities Act (ADA) or the Web Content Accessibility Guidelines (WCAG). Following these rules isn’t just about staying out of legal trouble—it’s about making sure your site is usable by people with disabilities. By staying compliant, you protect your business and ensure an inclusive online space.

    Auditing

    An accessibility audit is a deep dive into your website to identify any barriers that might prevent people with disabilities from using it fully. These barriers can range from missing image descriptions to confusing layouts. Auditing is the first step in figuring out what needs to be fixed, giving you a clear roadmap to improving your site’s accessibility.

    User Testing

    User testing is a hands-on way to see how real people—especially those with disabilities—interact with your website. While automated tools can catch some issues, real users can point out things machines might miss, like tricky navigation or features that don’t work well with assistive technologies. It’s like getting an inside scoop on how to make your site better for everyone.

    Assistive Technologies

    Assistive technologies are tools that help people with disabilities use the web. These include screen readers, voice control software, and alternative keyboards. Knowing how your site interacts with these tools is key to ensuring that all users can access your content.

    Screen Reader

    A screen reader is software that converts the text on a website into spoken words, allowing visually impaired users to “hear” the content. It’s a vital tool for those who can’t see the screen, helping them access everything from written text to image descriptions.

    Keyboard Navigation

    Not everyone uses a mouse to browse a website—many people rely on their keyboard to move through a site. That’s why it’s crucial to make sure that all site functions can be accessed using keyboard shortcuts. This includes things like filling out forms, clicking buttons, and navigating menus without needing a mouse.

    Alternative Content

    Alternative content refers to substitutes for visual or interactive elements that some users can’t access. For example, adding descriptive text (alt text) for images helps visually impaired users understand what’s in the picture. It’s not just about including something—it’s about making sure the alternative content adds value for those who need it.

    Accessibility Overlay

    An accessibility overlay is a quick-fix tool that can be added to your site to address specific accessibility problems. While it might provide some immediate help, it often doesn’t get to the root of the issues. True accessibility needs to be built into your site’s design and code rather than relying on these temporary fixes.

    Accessibility Monitoring

    Digital accessibility isn’t something you do once and forget about—it’s an ongoing effort. Monitoring means regularly checking your site to ensure it continues to meet accessibility standards as you make updates or add new content. This way, you can catch any new issues early and make sure your site stays user-friendly for everyone over time.

    Compliance Standards and Laws

    When it comes to making sure your website is both accessible and legally compliant, there are a few essential standards and laws you need to be aware of. Understanding these helps you avoid potential legal issues and ensures your site is inclusive.

    W3C (World Wide Web Consortium)

    The W3C is the leading organization that sets the rules and standards for how the web functions. They’re responsible for creating protocols that guide the future of the web, and one of their most important contributions is the Web Content Accessibility Guidelines (WCAG). These guidelines are the go-to standards for digital accessibility, ensuring that online content is usable for people of all abilities.

    Web Content Accessibility Guidelines (WCAG)

    WCAG is a comprehensive set of recommendations to make web content more accessible to everyone, especially people with disabilities. These guidelines are built around four main principles—Perceivable, Operable, Understandable, and Robust (often called POUR).

    In short, these principles ensure that all users can perceive and interact with content, understand how to use the site and that the content works reliably across different technologies and platforms. Following WCAG isn’t just good practice—it’s often a legal requirement.

    Americans with Disabilities Act (ADA)

    The ADA is a prominent civil rights law in the U.S. that protects people with disabilities from discrimination in various areas of life, including employment, public services, and, now, digital spaces. While the ADA doesn’t specifically mention websites, courts have increasingly ruled that digital accessibility falls under its umbrella. This means your website must be accessible, or you could be at risk of legal action for not complying with the ADA.

    Section 508

    Section 508 is a law that specifically applies to federal agencies and any organization working with them. It requires that all electronic and information technology, including websites, be accessible to people with disabilities. The good news is that Section 508 closely aligns with the WCAG standards, so if you’re following WCAG, you’re likely on the right track for Section 508 compliance, too.

    IDEA (Individuals with Disabilities Education Act)

    IDEA ensures that students with disabilities receive a free and appropriate education, and in today’s world, that includes access to digital learning materials. Whether it’s a website, software, or other digital resource used in schools, it must be accessible to all students, including those with disabilities. If you’re involved in the education sector, this law is critical for ensuring digital accessibility in the classroom.

    Accommodation Approaches

    Making digital content accessible takes a variety of approaches. Here are some essential methods to ensure your website can be used by everyone, regardless of their abilities.

    Alt Text

    Alt text, or alternative text, is a short description you add to images on your website. This ensures that people using screen readers can understand what the image is showing, even if they can’t see it. Alt text is essential for making visual content accessible to everyone.

    Captions and Closed Captioning

    Captions provide a text alternative for the spoken content in videos, which is helpful for people who are deaf or hard of hearing. Closed captions take it a step further, including descriptions of non-verbal sounds like music or laughter, so users get the full experience of the video.

    Video Description

    Video descriptions offer a spoken narration of the visual elements in a video. This allows visually impaired users to understand what’s happening on screen, beyond just the dialogue, by hearing descriptions of actions, settings, or critical visual cues.

    Color Contrast

    Good color contrast between text and its background makes it easier to read, especially for people with visual impairments or color blindness. By ensuring your site has good contrast, you improve readability and make sure that everyone can engage with your content.

    Headings and Landmarks

    Using proper headings and landmarks on your website helps users navigate more easily, especially those relying on screen readers. These tools allow users to quickly jump between sections or locate specific content without having to scroll through the entire page.

    Text-to-Speech

    Text-to-speech technology can convert written text into spoken words, offering another way for users to access content. This is especially helpful for users with learning disabilities, visual impairments, or even those who prefer listening over reading.

    Inclusive Design

    Inclusive design means thinking about a wide range of user needs from the very beginning of the design process. By considering accessibility from the start, you can build a website that works for as many people as possible, without needing to retrofit fixes later.

    Text Resize and Screen Magnification

    Some users need to increase text size or zoom in on parts of your website to see them clearly. By allowing for easy text resizing and screen magnification, you’re giving users with visual impairments more control over how they view your content.

    Why Accessibility Remediation is Critical

    Accessibility remediation isn’t just about checking boxes for legal compliance—it’s about creating an inclusive, user-friendly digital space that welcomes everyone. Let’s dive into why making your website accessible is so important:

    1. Inclusivity

    At its core, digital accessibility is about inclusivity. Making sure your website is accessible means that people of all abilities can engage with your content, products, or services. This enhances the user experience for everyone, whether they have a disability or not. When your site is easy to use and navigate, you’re creating a welcoming space where everyone can participate equally in the digital world.

    2. Legal Protection

    Compliance with accessibility standards like WCAG and laws like the ADA isn’t optional—it’s a legal requirement. Failing to meet these standards can result in lawsuits, hefty fines, and serious damage to your brand’s reputation.

    3. Improved SEO

    Here’s a bonus: many of the same practices that make your site accessible also happen to be great for SEO. For example, providing descriptive alt text for images not only helps visually impaired users but also helps search engines better understand your content. Structured content, clear headings, and easy navigation improve both accessibility and your search rankings. In short, making your site accessible can help you get noticed by more users—including search engines.

    4. Market Reach

    By ensuring your site is accessible, you’re opening your business up to a much larger audience. About 16% of the global population lives with some form of disability, and when your site is accessible, you’re making sure they can engage with your brand. This isn’t just a moral win—it’s good for business. More accessibility means more customers, which can directly lead to a boost in your customer base and your bottom line.

    Take the First Step Toward Accessibility

    Now that you’re more familiar with the key terms and concepts behind accessibility remediation, you’re in a great position to start making meaningful changes to your website. From ensuring proper keyboard navigation to creating alt text for images, every step you take improves the experience for users of all abilities—and keeps you on the right side of compliance.

    But you don’t have to tackle this alone. At 216digital, we specialize in helping businesses create accessible websites that meet legal standards and enhance user engagement and reach. If you’re ready to make your site more inclusive and avoid potential legal risks, we’re here to guide you through the process.

    Schedule a complimentary ADA strategy briefing with our team today. Together, we’ll map out a plan tailored to your business, helping you integrate WCAG 2.1 compliance into your development roadmap. Let’s start creating a digital space that welcomes everyone and sets your business up for long-term success.

    Greg McNeil

    September 26, 2024
    Legal Compliance, Testing & Remediation, WCAG Compliance, Web Accessibility Training
    accessibility Definitions & Guidelines, Accessibility Remediation, ADA Compliance, Web Accessibility Remediation, Website Accessibility

  • Common Web Accessibility Pitfalls That Invite ADA Lawsuits

    The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to everyone, including people with disabilities. When websites fail to meet accessibility standards, they risk facing lawsuits. In recent years, ADA lawsuits related to digital accessibility have surged, with businesses large and small getting sued for non-compliance. But what exactly are the most common issues that lead to these lawsuits?

    This article will highlight the most common web accessibility barriers that lead to ADA lawsuits and provide real-world examples of lawsuits related to these issues. 

    1. Missing Alt Text

    Alt text, or alternative text, provides a written description of an image on a webpage. Screen readers, which visually impaired users use to navigate the internet, read this description aloud.Without alt text, users with visual impairments have no way of knowing what an image represents.

    For example, if a website has an image of a product for sale, the alt text might say, “Red shoe, size 8.” Without this text, screen reader users won’t know what the image shows, making it difficult to interact with the website.

    Missing or incorrect alt text is one of the most common reasons for ADA lawsuits. Many businesses overlook this small but important step, leaving essential images without descriptions.

    WCAG 2.1 Guideline: 1.1.1 – Non-text Content

    All non-text content, such as images, must have a text alternative that serves the same purpose.

    Example ADA Lawsuit: Fox News Network LLC

    Fox News Network LLC was sued because its website didn’t provide proper alt text for many images. Luc Burbon, a visually impaired user, relied on screen readers to browse the internet. When trying to navigate Fox News’ website, he encountered images without alt text, leaving him unable to understand key content. The court agreed with Burbon, emphasizing that websites must be accessible to everyone, including people with disabilities.

    2. Non-Descriptive Interactive Elements

    Interactive elements, like buttons and links, are crucial for navigating a website. However, if these elements aren’t appropriately labeled, users who rely on screen readers won’t know what a button or link does. This leads to confusion, frustration, and can make essential parts of the website inaccessible to users with disabilities.

    For example, a button labeled “Click Here” without explaining what it does will leave screen reader users guessing, especially if there’s more than one on a page. Adding contextually relevant content to the visual or accessible label, such as “Click here to learn more about our coffee” will differentiate the element while also giving users additional context.

    WCAG 2.1 Guideline: 4.1.2 – Name, Role, Value

    Interactive elements should have clear labels that explain their purpose.

    Example ADA Lawsuit: NIKE, Inc.

    Maria Mendizabal filed a class-action lawsuit against Nike, claiming that the website had many links that were either redundant or completely empty. Users with visual impairments couldn’t understand the purpose of these links, making it challenging to navigate the site. This lawsuit demonstrates the importance of appropriately labeling interactive elements so everyone can understand them.

    3. Lack of Keyboard Navigation

    Many users with disabilities rely on keyboards to navigate websites, especially those who can’t use a mouse. If a website doesn’t allow for keyboard-only navigation, or if drop-down menus can’t be accessed with a keyboard, it becomes unusable for people with mobility impairments.

    For example, if a menu only opens when hovered over with a mouse, someone using only a keyboard won’t be able to open it, blocking their access to critical sections of the site.

    WCAG 2.1 Guideline: 2.1.1 – Keyboard

    All functionality should be accessible using a keyboard.

    Example ADA Lawsuit: Parkwood Entertainment LLC

    In 2019, a lawsuit accused Parkwood Entertainment because Beyoncé’s official website, Beyonce.com, did not provide accessibility for users relying on screen readers.. Mary Conner, the visually impaired plaintiff, couldn’t navigate the drop-down menus using her keyboard. This prevented her from accessing important content and services, leading to a lawsuit.

    4. Inaccessible Forms

    Forms are commonly used on websites—for everything from signing up for newsletters to making purchases. However, forms that are difficult for people with disabilities to fill out can create barriers. Missing labels on form fields, unclear error messages, or forms that don’t work with keyboard navigation are common accessibility issues that lead to lawsuits.

    For instance, if a form field asks for a phone number but doesn’t have a proper label, a screen reader user won’t know what to enter. Or, if an error message isn’t clear about what went wrong, visually impaired users won’t be able to correct their mistakes.

    WCAG 2.1 Guideline: 3.3.2 – Labels or Instructions

    Ensure input fields have proper labels and instructions so users know what information is required.

    Example ADA Lawsuit: H&R Block Lawsuit

    A notable example of this issue is the lawsuit involving the National Federation of the Blind and H&R Block. In this case, visually impaired users discovered that H&R Block’s website did not correctly label the forms. When these users tried to input their contact information or create an account, they struggled because the screen readers failed to indicate what information they needed or where to enter it.

    5.  Inaccessible Pop-Ups and Modals

    Pop-ups and modals (dialog boxes that appear on top of a page) are common features on websites for everything from newsletter sign-ups to product promotions. However, if they are not designed with accessibility in mind, they can disrupt the user’s experience.

    Pop-ups cause confusion if they appear without warning or if users can’t close them using a keyboard. Users relying on screen readers or assistive devices may not even know that a pop-up has appeared, making it impossible for them to continue interacting with the page.

    WCAG 2.1 Guideline: 1.3.1 – Info and Relationships

    When new content, like a pop-up, appears on the screen, announce it to the user and explain how it connects to the rest of the website.

    Example ADA Lawsuit: Five Guys Enterprises

    In a lawsuit against Five Guys, a visually impaired customer couldn’t complete an online order because an inaccessible pop-up appeared when trying to add fries to her cart. Her screen reader didn’t recognize the pop-up, making it impossible for her to finish the purchase. This case highlights the importance of making pop-ups accessible to everyone.

    How to Avoid ADA Lawsuits

    Avoiding ADA lawsuits starts with a proactive approach to web accessibility. Making your website accessible is not only a legal obligation but also an opportunity to provide a better user experience for all visitors, regardless of ability. Here are key steps you can take to avoid common accessibility pitfalls:

    1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
    2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
    4. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay iCompliance is not a one-time task. 216digital’s a11y.Radar service provides ongoing monitoring. It detects any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.”

    Conclusion

    Making sure your website is ADA-compliant is not just about avoiding lawsuits—it’s about ensuring that everyone, no matter their abilities, can access and enjoy your content. With the rise in ADA lawsuits, it’s more important than ever to take a proactive approach to web accessibility. Whether it’s fixing missing alt text or ensuring keyboard navigation, addressing these common issues can save your business time and money in the long run.

    If you’re unsure where to start or need help maintaining compliance, 216digital is here to help. Through our years of experience analyzing these cases, we understand how ADA non-compliance lawsuit firms identify their targets. We can help you protect your business from these risks. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap. This will allow you to focus on other tasks on your to-do list.

    So don’t wait any longer; find out where you stand by scheduling a complementary ADA strategy briefing today.

    Greg McNeil

    September 25, 2024
    Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance, digital accessibility, WCAG, WCAG Compliance, Web Accessibility

  • Closed Captions for Online Video Content

    With online video content becoming a cornerstone of business, marketing, and education, ensuring your videos are accessible to everyone is essential. One of the most effective ways to ensure your videos reach the widest audience possible is through closed captioning. But what exactly are closed captions? How do they work, and what actions must you take as a business or website owner? Let’s dive into everything you need to know about closed captions.

    What Are Closed Captions?

    Closed captions are text alternatives for words spoken in video or information conveyed through visual actions, designed to help people who are deaf or hard of hearing understand the content. Captions appear at the bottom of the frame and include the spoken dialogue and describe sound effects, music, or other audio cues critical to understanding the video. Closed captions can be toggled on and off by the video player, giving them control over how they experience the content.

    Who Benefits From Closed Captions?

    You might think closed captions are just for people with hearing impairments, but they benefit a much broader audience. Closed captions can help:

    • Deaf and hard-of-hearing individuals: This is the primary group that closed captions serve, allowing them to access video content on an equal footing with hearing viewers.
    • Non-native language speakers: Captions help people learning English or other languages follow along with the dialogue.
    • People in noisy environments: Imagine watching a video in a busy coffee shop or on public transportation—captions make it possible to follow along even if you can’t hear the audio.
    • People in quiet environments: Maybe you’re watching a video while a baby sleeps in the next room. With captions, you can follow the content without turning up the volume.

    Closed Captions vs. Subtitles: What’s the Difference?

    Though often used interchangeably, closed captions and subtitles aren’t quite the same. Subtitles are a text representation of the spoken words in a video. They benefit individuals with hearing impairments or people who can’t understand the spoken language but can otherwise visually perceive the content. For instance, subtitles often appear in foreign films. They don’t include sound effects or non-dialogue audio, which makes them less accessible for people who are deaf or hard of hearing.

    On the other hand, closed captions include not just the dialogue but also sound effects and other crucial audio information, making them more comprehensive.

    What are the Differences Between “Closed Captions” and “Open Captions”?

    You’ve likely heard about “closed captions” and “open captions.” The critical difference between the two is control. Closed captions can be toggled on or off by the viewer, while open captions are always on—they’re embedded into the video file and cannot be turned off. While open captions may seem convenient, they don’t provide viewers the choice to disable them, which can sometimes detract from the viewing experience for those who don’t need them.

    What Are the Legal Obligations for Closed Captioning?

    As a website owner, business owner, or content creator, you must understand your legal obligations regarding closed captions. In the U.S., several laws and regulations address digital accessibility, including captioning for video content.

    The ADA’s Requirements for Closed Captions

    The Americans with Disabilities Act (ADA) states that businesses and organizations make their services accessible to people with disabilities. While the ADA doesn’t specifically mention closed captions, it requires that public-facing businesses and websites provide equal access to their services, which can include providing captions for video content.

    The Department of Justice has provided guidance that websites should be accessible to everyone, and providing captions for videos is an integral part of ensuring your content meets the Web Content Accessibility Guidelines (WCAG), which help businesses comply with the ADA.

    FCC Requirements for Closed Captions

    For online video content that has aired on TV in the U.S., the Federal Communications Commission (FCC) requires closed captions. This regulation was expanded in 2012 with the introduction of the Twenty-First Century Communications and Video Accessibility Act (CVAA), which requires that any video programming aired on television with captions must include captions when distributed online.

    This act means that if your business uses TV ads or commercials and also posts them online, they must be captioned. Even if your content hasn’t aired on TV, following FCC rules for captioning is a good best practice.

    What Are the Benefits of Using Closed Captioning?

    Adding closed captions to your videos isn’t just about legal compliance—it can offer significant benefits to your business:

    • Expanded audience: Captioning your videos makes them accessible to more people, including those with hearing impairments, non-native speakers, and people in noisy or quiet environments.
    • Improved SEO: Search engines can’t watch videos but can read captions. By adding captions, you give search engines more context to the relevance of your content, which can improve your rankings in search results.
    • Better engagement: Captions can help viewers stay engaged with your content. Studies have shown that videos with captions have higher engagement compared to those without.
    • Increased social media reach: Many social media platforms autoplay videos without sound. Captions can ensure your message gets across, even if the audio isn’t playing.

    Best Practices for Closed Captioning

    Here are some best practices for closed captioning video content:

    • Ensure the captions are accurate: Inaccurate captions can confuse viewers or misrepresent your content. Invest in high-quality captioning services or use tools that offer high accuracy.
    • Include non-dialogue audio: Remember that closed captions provide a complete audio experience for viewers who can’t hear. Include descriptions of music, sound effects, and other audio cues that are important to understanding the content.
    • Use appropriate timing: Ensure that captions appear on-screen at the same time as dialogue or actions.
    • Keep the text readable: Ensure the text is easy to read by using a legible font, high contrast between the text and background, and large enough size to be legible.

    How to Add Captions to Videos

    There are several ways to add captions to your videos, depending on the platform and your budget:

    1. Automated captioning tools: Platforms like YouTube and Facebook offer automatic captioning, though these tools often require manual review to ensure accuracy.
    2. Manual captioning: You can create captions manually if you have the resources. Many video editing tools allow you to add captions by entering the text.
    3. Professional captioning services: You should invest in a professional service specializing in closed captioning for high-quality, accurate captions. These services usually charge based on the length of the video.

    What If My Video Service Doesn’t Support Closed Captions?

    If your platform doesn’t support closed captions, consider switching to one that does. Most popular video hosting services, including YouTube, Vimeo, and Wistia, provide captioning options. If switching platforms isn’t feasible, you can include a transcript of the video as an alternative. However, this is not a perfect substitute for closed captions, as transcripts don’t provide the real-time viewing experience that captions do.

    Conclusion

    Closed captions are a great way to make online video content accessible to everyone, and they offer many benefits, from legal compliance to better engagement and SEO. As a business or website owner, adding captions to your videos can broaden your audience, improve your content’s reach, and ensure you’re providing a digital experience that’s inclusive to everyone.

    Remember to follow the ADA, FCC, and WCAG guidelines, and always aim for accuracy and readability when adding captions to your videos. If you’re unsure if your video content is leaving you vulnerable to expensive litigation or causing you to miss out on revenue, reach out to 216digital for a courtesy evaluation.

    Bobby

    September 24, 2024
    How-to Guides, Legal Compliance, The Benefits of Web Accessibility
    ADA Compliance, Closed caption, digital accessibility, How-to, WCAG, Web Accessibility, web development

  • Is Your Restaurant Website ADA Compliant?

    If you own or manage a restaurant, you probably spend a lot of time making sure your customers have the best experience—from delicious food to a welcoming atmosphere. But have you thought about how your customers interact with your restaurant online?

    In today’s digital world, your website is often the first point of contact for people looking to check out your menu, make a reservation, or order food online. But here’s the thing—if your website isn’t accessible to everyone, you could be at risk of a lawsuit. And yes, it’s happening more than you might think.

    Over the past few years, more and more restaurants have been hit with lawsuits for having inaccessible websites. So, what’s going on? Let’s dive into why this is happening, what kind of issues are putting restaurants in the crosshairs, and what you can do to protect your business.

    The Rise of ADA Lawsuits Against Restaurant Websites

    What is the ADA?

    The Americans with Disabilities Act (ADA) is a civil law that protects the rights of people with disabilities in all areas of public life. While it doesn’t specifically mention websites, the courts have made it clear that the ADA applies to websites, including restaurants. If your website is not accessible to people with disabilities, it is not compliant with the ADA, as websites are considered public places.

    The ADA’s Impact of Online Interactions

    In other words, if your website doesn’t provide accessibility to people with disabilities, it doesn’t comply with the ADA since websites count as public places. So, why are restaurants facing so many challenges? The answer is simple: people are doing more online than ever before—looking up menus, making reservations, and even ordering food. Now imagine someone with a disability trying to use your website and hitting roadblock after roadblock. It’s frustrating, and unfortunately, it happens all the time.

    The Growing Trend of Lawsuits

    If your website isn’t accessible to everyone, including people with disabilities, you’re at risk of being sued for violating the ADA. And these lawsuits aren’t rare—they’re happening more and more, especially in the restaurant industry. In fact, the food service industry is now one of the most targeted for ADA lawsuits, second only to eCommerce. It doesn’t matter if you’re running a big franchise or a small local café—if your website isn’t accessible, it is at risk. And the cost of these lawsuits? It can add up fast, even if you settle out of court.

    Why Are Restaurants Being Targeted for ADA Lawsuits?

    Restaurants are a prime target for several reasons:

    High Online Traffic

    People rely on restaurant websites for crucial information, like menus, reservations, and online orders. This makes them one of the most frequently visited business websites. The more people visit a website, the higher the chances are that someone with a disability will encounter barriers to access. When those barriers exist, lawsuits often follow.

    Common Accessibility Issues

    Many restaurant websites have the same accessibility problems, which makes them easy to target. Features like menus, online ordering systems, and location finders are commonly inaccessible to people with disabilities. For example, a visually impaired person might not be able to use a screen reader to read an online menu because the text isn’t coded correctly. Similarly, someone with limited mobility might struggle to navigate a reservation system that requires complicated mouse clicks.

    Lack of Awareness

    Some restaurant owners may not even realize that their websites need to be accessible. They focus on the day-to-day operations of running a business, not on the technical aspects of web development. Unfortunately, ignorance of the law isn’t a valid defense, and that lack of awareness can leave restaurants open to lawsuits.

    Automated Tools for Testing

    Just like in the retail industry, plaintiffs can use automated tools to check a website for accessibility problems quickly. These tools can scan for issues like missing alt text on images, poor color contrast, or difficulties with navigating menus. If a website fails these basic tests, it can be flagged as non-compliant, leading to a lawsuit.

    Common Accessibility Issues on Restaurant Websites

    The truth is, most restaurant websites have accessibility problems. They’re not always easy to spot if you don’t know what to look for, but for someone using a screen reader or other assistive technology, it can make your website almost impossible to use.

    Menus That Aren’t Accessible

    If you’ve ever uploaded a menu as a PDF or image file, it might seem like the easiest option. However, people using screen readers may struggle with these formats. Screen readers are tools that read text aloud for visually impaired users. Unfortunately, PDFs and image files can be impossible for them to navigate. If someone can’t read your menu, they can’t place an order. They also can’t decide if they want to visit your restaurant.

    No Keyboard Navigation

    Some people don’t use a mouse—they navigate websites using only their keyboard. If your website doesn’t support keyboard navigation, they won’t be able to click through your pages or make a reservation.

    Unlabeled Form Fields

    Let’s say you have an online reservation form. If the fields (like “name” and “email”) aren’t properly labeled, someone using a screen reader won’t know what information to enter. This could stop them from making a reservation at all.

    Color Contrast Issues

    Design is essential, but if your website uses colors that blend together too much, it can be hard to read, especially for people with visual impairments. High contrast between your text and background makes everything easier to see.

    Missing Alt Text for Images

    Do you know all those mouth-watering pictures of your food on your website? If they don’t have alt text (a written description of the image), someone using a screen reader won’t know what’s being displayed. This can be a huge barrier to fully experiencing your website.

    What Can You Do to Avoid a ADA Lawsuit?

    Now that you know what makes a restaurant website vulnerable, let’s talk about what you can do to protect yourself. The good news? You don’t have to be a tech expert to make your website accessible. Here are some simple steps you can take:

    Get an Accessibility Audit

    The best place to start is to have a professional conduct a web accessibility audit. They’ll go through your site and find the issues that need fixing. It’s like getting a health checkup for your website. Many companies specialize in ADA web accessibility audits and can provide you with a clear roadmap for improvements.

    Use Accessibility Tools

    There are free tools out there that can give you a quick idea of where your website might be falling short. Tools like Google Lighthouse can scan your site for fundamental accessibility issues, like missing alt text or poor color contrast. While these tools aren’t perfect, they are a good starting point.

    Make Your Menus Accessible

    One of the most common accessibility issues for restaurants is their menus. Make sure your menus are available in a text format that screen readers can easily read. Avoid using images or PDFs for your menu unless they’re tagged properly.

    Train Your Team

    Educate your staff about web accessibility best practices. Whether they’re creating content, updating the menu, or managing online reservations, everyone on your team should know how to make sure the website stays accessible.

    Work With a Developer Who Understands Accessibility

    If you’re making significant changes to your website or starting from scratch, it’s essential to work with a web developer who understands ADA compliance like 216digital. They can ensure your site is built with accessibility in mind from the start.

    Stay Informed

    Web accessibility laws and standards are constantly evolving. Keeping up with the latest guidelines—like the Web Content Accessibility Guidelines (WCAG)—can help you stay compliant and avoid future legal trouble.

    Update Your Website Regularly

    Websites change often, especially in the restaurant industry, where businesses frequently update menus, promotions, and events. Make sure that any new content you add is accessible. It’s also important to ensure that your website stays compliant with the latest web accessibility standards (like WCAG 2.1).

    Wrapping Up

    making sure your restaurant’s website is accessible to everyone is more important than ever. With the rise in ADA lawsuits targeting restaurant websites, it’s crucial to take proactive steps to create an inclusive online experience. Not only will this help protect your business, but it will also ensure that every customer can enjoy what you have to offer.

    At 216digital, we understand the challenges you face and are here to help. Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, we have you covered. After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them.

    Don’t wait until it’s too late— schedule a complimentary ADA briefing with 216digital to take the first step towards website accessibility.

    Greg McNeil

    September 20, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuits, digital accessibility, Restaurants, Web Accessibility

  • Web Accessibility: What to Ask Your Digital Agency

    When choosing a digital agency to build or maintain your website, one of the most crucial factors to consider is accessibility. Digital Accessibility ensures that your website is usable by everyone, including people with disabilities. But how do you know if your agency partner understands web accessibility and can meet your needs? Asking the right questions can make all the difference.

    Why It’s Important to Ensure Your Agency Understands Digital Accessibility

    Web accessibility isn’t just about checking a box; it’s about making your website available to all users, regardless of their abilities. In the United States, over 70 million adults live with a disability. If your website isn’t designed with accessibility in mind, you could miss out on a large audience. Beyond that, failing to meet accessibility standards can expose your business to legal risks, including lawsuits under the Americans with Disabilities Act (ADA).

    Moreover, accessible websites provide a better overall user experience, which can lead to increased engagement and customer satisfaction. If a website is easy to navigate for individuals with disabilities, it’s also likely more intuitive for everyone. That’s why it’s vital to ensure your digital agency understands and prioritizes web accessibility.

    When Is the Best Time to Ask Your Agency About Accessibility?

    The short answer? As early as possible.

    Accessibility should be baked into the foundation of your website, not an afterthought. Whether you’re designing a new website or revamping an existing one, accessibility discussions should start in the planning phase.

    If you’re already working with a digital agency, it’s never too late to ask about accessibility. It’s better to make improvements now than to wait until you’re facing a lawsuit or losing customers. By prioritizing accessibility from the start, you ensure your site meets legal requirements and offers a smooth, inclusive experience for all users.

    Key Web Accessibility Questions to Ask Your Digital Agency

    What Is the Current State of Web Accessibility on Our Website?

    Before diving into solutions, it’s essential to assess where your website currently stands in terms of accessibility. Your digital agency should conduct an accessibility audit to identify any existing issues. Here are a few questions you can ask:

    • Do you offer an initial accessibility audit?
    • Can you provide examples of accessibility issues that have been flagged?
    • What tools or methods do you use to test for accessibility?

    A comprehensive audit should highlight potential barriers on your site, like empty headers, missing alt text for images, or lack of keyboard navigation. Starting with an audit gives you a clear picture of where improvements are needed.

    What Is Your Approach to Web Accessibility?

    Every digital agency has a process for implementing accessibility. You’ll want to understand how your agency handles it from start to finish. Ask them about their approach and experience:

    How well do you know WCAG 2.1 guidelines?

    The Web Content Accessibility Guidelines (WCAG) 2.1 are the industry standard for web accessibility. Your agency should be familiar with these guidelines and know how to apply them to your website.

    Do you integrate accessibility into every stage of development?

    Accessibility isn’t just a one-time fix. You should implement steps during the design, development, and content creation phases. Ask your agency if they have a process for embedding accessibility throughout the entire project.

    Do you use both automated and manual testing methods?

    Automated tools can catch many accessibility issues, but manual testing is essential for uncovering complex problems. Your agency should combine both methods for a thorough approach.

    How Will You Ensure Accessibility Is Maintained?

    Accessibility is an ongoing commitment. Websites change over time as content is updated and features are added. It’s important to ask how your agency plans to maintain accessibility once the site is live:

    Do you offer ongoing accessibility monitoring?

    Regular monitoring can help you stay compliant as web standards evolve and your website grows. Ask your agency if they provide services like continuous testing or accessibility check-ups.

    Can you train our team to maintain accessibility?

    If your website content is managed internally, your team should know how to keep it accessible. Some agencies offer training for content creators and developers to ensure new additions meet accessibility standards.

    What is your process for updating the site to stay compliant with new regulations?

    Digital accessibility laws are constantly evolving, and you need to ensure your website stays compliant. Your agency should have a plan for keeping your site up-to-date with the latest guidelines and legal requirements.

    How Do You Prioritize Web Accessibility Issues?

    Accessibility issues vary in severity. Some barriers, like missing alt text, are easier to fix, while others may require significant changes to your website’s structure. Ask your agency how they prioritize accessibility fixes:

    How do you determine which issues need immediate attention?

    Critical issues that block users from accessing content should be resolved first. Make sure your agency knows how to prioritize fixes to address the most pressing concerns first.

    How long will it take to resolve accessibility issues?

    Accessibility improvements should be made in a timely manner. Understanding the expected timeline helps you plan your next steps and set realistic expectations.

    What’s Your Experience with Similar Projects?

    Experience is vital when it comes to accessibility. You want to work with a digital agency that has a proven track record of making websites accessible:

    Have you worked with other companies in our industry?

    Different industries have unique accessibility challenges. For example, e-commerce sites may need to focus on accessible forms and shopping carts, while media companies may prioritize video captions and transcripts.

    Can you show us examples of websites you’ve made accessible?

    Case studies or portfolio examples can give you an idea of the agency’s capabilities. Look for examples that demonstrate a deep understanding of accessibility best practices.

    Prioritize Accessibility from the Start

    Web accessibility isn’t just a legal requirement – it’s a business imperative. By asking your digital agency the right questions, you can ensure your website is accessible to all users while avoiding the risk of legal issues.

    Remember, accessibility should be an ongoing effort. Choose a digital agency that understands the importance of maintaining compliance and improving your website over time. By doing so, you’ll create an inclusive online experience that benefits both your users and your business.

    Contact 216digital for Your Accessibility Needs

    If you’re unsure where to start, 216digital can help. Our team specializes in ADA remediation and web accessibility, and we’re here to guide you every step of the way.

    Schedule an ADA briefing with 216digital today to learn more about how we can help you maintain a compliant and accessible website. Let’s work together to make your site welcoming to everyone while keeping your business protected from legal risks.

    Don’t wait—make accessibility a priority from the start!

    Greg McNeil

    September 19, 2024
    How-to Guides, Legal Compliance
    ADA Compliance, ADA Web Accessibility, digital accessibility, digital agency, Web Accessibility

  • Making Your Website Accessible Across All Devices

    In today’s digital world, websites aren’t just accessed on desktops—they’re viewed on everything from smartphones to tablets. But with this variety of devices comes a significant challenge: ensuring your website works for everyone, no matter what screen they’re using. This is especially important for people with disabilities.

    Web accessibility is about more than just following the rules. It’s about making sure everyone can navigate, interact with, and enjoy your site. If your website isn’t accessible, you’re not only missing out on a large audience but also putting your business at risk of legal trouble. And as devices become more diverse, testing your site across different screen sizes and input methods is crucial.

    In this article, we’ll explore why web accessibility matters across different devices and share ways you can ensure your site is user-friendly and inclusive for everyone.

    Why Web Accessibility Matters

    Ensuring web accessibility is not just a best practice; it’s a vital responsibility. Web accessibility guarantees that people with disabilities can fully engage with digital content—whether that’s perceiving, understanding, navigating, or interacting with it. In the U.S., this is a legal requirement under the Americans with Disabilities Act (ADA). Failing to meet these standards doesn’t just alienate a significant portion of your potential audience; it can also expose businesses to serious legal risks.

    But accessibility is about more than avoiding lawsuits. It’s about creating a digital experience that works for everyone, regardless of how they access your site. Users interact with websites across a wide range of devices—desktops, mobile phones, and tablets—each bringing its own set of accessibility challenges. Comprehensive, device-specific testing is essential to make sure that your website remains fully functional and inclusive, no matter how users access it.

    Understanding Device-Specific Accessibility Challenges

    Web Accessibility on Desktops

    Desktops typically offer a full-sized screen and a mouse with a keyboard. While this setup may seem straightforward, it presents its challenges. Many users rely on keyboard navigation due to mobility impairments. If your site isn’t designed for keyboard users, navigating through forms, menus, and interactive elements can be frustrating.

    Web Accessibility Challenges:

    • Missing or improper use of semantic HTML.
    • Lack of focus indicators for interactive elements.
    • Insufficient contrast between the text and background colors.

    Mobile Devices

    Mobile devices are now a primary way people access the internet. However, small screens and touch interfaces create unique hurdles. For example, touch targets (like buttons) must be large enough for users with dexterity issues to tap accurately.

    Accessibility Challenges:

    • Inadequate touch target sizes.
    • Poorly designed forms that are difficult to fill out on a small screen.
    • Inconsistent navigation may confuse users who switch between mobile and desktop views.

    Web Accessibility on Tablets

    Tablets straddle the line between desktop and mobile devices, often combining features. Users may interact with tablets via touch or keyboard, making it vital for websites to accommodate both methods. Tablets can also be used in various orientations, which may affect layout and functionality.

    Accessibility Challenges:

    • Orientation changes that disrupt layout.
    • Inconsistent behavior between touch and keyboard navigation.
    • Complications with zoom functionality affect users with visual impairments.

    Effective Testing Methods and Tools

    Now that we’ve explored the challenges let’s discuss how to test for accessibility effectively across different devices. Testing for web accessibility is an ongoing process that requires attention to detail and a proactive approach.

    1. Manual Testing for Web Accessibility

    Manual testing involves using your website as a user would. This means navigating through your site using keyboard-only navigation and screen readers. Pay close attention to how easily you can access all content.

    Tips for Manual Testing:

    • Navigate your site using only the keyboard (Tab, Enter, Arrow keys).
    • Test with various screen readers (like JAWS, NVDA, or VoiceOver).
    • Attempt to use your site on different devices and in different orientations.

    2. Automated Testing Tools

    While automated tools can’t catch every issue, they can help identify many common accessibility problems. Tools like Lighthouse and WAVE can scan your website to ensure compliance with WCAG (Web Content Accessibility Guidelines) standards.

    Recommended Tools:

    • Lighthouse: Built into Chrome Developer Tools for performance and accessibility audits.
    • WAVE: A visual feedback tool that shows you accessibility issues directly on your site.

    3. User Testing for Web Accessibility

    Involving real users in your testing process is invaluable. This approach can reveal issues that automated tools might miss. Consider creating a focus group that includes users with various disabilities to gather their feedback.

    How to Conduct User Testing:

    • Recruit participants with different abilities and device preferences.
    • Observe them as they navigate your site.
    • Collect qualitative feedback on their experience.

    Final Thoughts

    Making your website accessible to everyone is not just a legal requirement—it’s a crucial part of creating a welcoming online experience. With people accessing websites on various devices, understanding and addressing web accessibility challenges is essential.

    To ensure your site meets these standards, consider scheduling an ADA briefing with the experts at 216digital. Our experts will guide you through the steps needed to ensure your website not only meets legal standards but also serves all users effectively. Let’s work together to create a web that’s accessible to everyone!

    Greg McNeil

    September 18, 2024
    Legal Compliance
    ADA Compliance, digital accessibility, responsive web design, User Experience, user testing, Web Accessibility

  • Are Web Accessibility Overlays Hurting Users?

    When it comes to making websites accessible, many businesses turn to web accessibility overlays, believing they’re a simple and quick fix. These tools promise to enhance usability for people with disabilities by adding features like text size adjustments or color contrast options. However, beneath this shiny exterior lies a troubling reality. Far too often, overlays create more problems than they solve, leaving users frustrated and excluded.

    Instead of providing real solutions, these overlays can break essential functions on a website, making it even harder for people to navigate. Imagine a visually impaired user trying to read a page only to find that the overlay has garbled the text or made buttons unclickable. This isn’t just a minor inconvenience; it’s a barrier that undermines the very purpose of accessibility. With countless users reporting negative experiences, the reliance on overlays is more than just misguided—it can be harmful.

    In this article, we’ll explore why web accessibility overlays often fall short of their promises and what businesses can do to truly support all users. Let’s take a closer look at the pitfalls of these quick fixes and uncover the importance of genuine web accessibility.

    What Are Web Accessibility Overlays?

    Web accessibility overlays are tools or widgets that website owners can add to their sites to enhance accessibility. They typically involve inserting a small JavaScript code snippet into your site, which then adds a floating button or widget. When users interact with this button, they can adjust various aspects of the site’s appearance and functionality—like changing text size, altering color contrasts, or enabling screen reader compatibility.

    The appeal of these overlays is their promise of quick, low-cost accessibility improvements. They offer an attractive option for businesses looking to make their sites more inclusive without undergoing a major redesign. However, while the intention behind these tools is good, the reality often falls far short.

    Overlay’s Intended Purpose

    The goal of web accessibility overlays is to make websites more accessible to people with disabilities. For instance:

    • Visual Impairments: Users who have difficulty seeing might benefit from high-contrast modes or text enlargement.
    • Motor Impairments: Customizable interface elements can help users navigate the site using alternative input methods.
    • Cognitive Impairments: Simplified navigation and text-to-speech features can make content more understandable.

    In theory, these overlays should help users interact with a website more effectively by allowing them to tailor the site to their needs.

    The Reality: Why Overlays Often Fall Short

    Despite their good intentions, web accessibility overlays often fail to deliver on their promises. Here’s a closer look at why:

    Broken Functionality

    Many users with disabilities find that these overlays break essential website functions. For example, after activating an overlay’s high-contrast mode, a screen reader might start reading out garbled or irrelevant text. Interactive elements like forms or buttons may become unusable or misaligned. This can make the website even less accessible than it was before the overlay was applied.

    Limited Customization

    While overlays offer some level of customization, they usually fall short of addressing all accessibility needs. For instance, they allow users to change text size but do nothing to improve keyboard navigation or fix structural issues. This limited scope can be frustrating for users who need more comprehensive adjustments to navigate the site effectively.

    Disruptive Presence

    The floating button or widget that overlays add can sometimes interfere with the user experience. For example, it might obscure important content or navigation options. Users who rely on screen readers or keyboard navigation may find the overlay itself to be a barrier rather than a help.

    Overlay’s Provide a False Sense of Security

    Relying on overlays can give website owners a misleading sense of security. Just because an overlay provides some accessibility features doesn’t mean your site is fully accessible. True accessibility involves more than just adding a few features—it requires thoughtful design and regular testing to ensure that all users can interact with your site effectively.

    Common Issues with Overlays

    To better understand the real-world impact, let’s explore some common issues faced by users with disabilities when dealing with web accessibility overlays:

    1. Navigation Problems: Overlays often disrupt keyboard navigation. For users who rely on keyboards instead of mice, this can make it challenging to move through the site or interact with elements. Buttons and links might become unreachable or behave unpredictably.
    2. Inconsistent Text Appearance: Overlays might change text size or color, but they often don’t adjust all text elements uniformly. This inconsistency can make reading difficult, especially for users with low vision who rely on specific text settings.
    3. Broken Links and Forms: Features like forms and links can become broken or non-functional when an overlay is applied. This issue can prevent users from completing actions like submitting information or navigating through pages, leading to frustration and abandonment of the site.
    4. Visual Overlaps: High-contrast modes or other visual changes introduced by overlays can sometimes cause elements to overlap or become misaligned. This can make content harder to read and interact with, defeating the purpose of the accessibility improvements.

    Firsthand User Experiences

    As highlighted in the New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws,  and echoed by accessibility advocates, overlays often complicate rather than simplify website navigation.

    Patrick Perdue, a 38-year-old blind user from Queens, sums it up well: “I’ve not yet found a single one that makes my life better.” Many like him find themselves spending more time navigating around these overlays than actually using websites effectively.

    Last year, over 862 advocates and developers urged organizations to reconsider their use of overlays, citing practical ineffectiveness and potential accessibility flaws in an open letter. Even the National Federation of the Blind has condemned these tools, describing them as inadequate solutions.

    Brian Moore, a 55-year-old blind user  from Toronto, raises a critical question: “If you can’t fix the basic issues, what value are you adding?”

    Why Overlays Are Seen as a “Quick Fix”

    Web accessibility overlays are often chosen as a quick fix because they appear to offer a fast, cost-effective solution. For businesses, especially those with limited budgets or technical resources, these tools seem like an easy way to address accessibility concerns without a full site overhaul.

    However, this approach is problematic for several reasons:

    Superficial Solutions

    Overlays generally provide superficial solutions rather than addressing underlying accessibility issues. Real accessibility involves more than just adding features—it requires a deep understanding of diverse user needs and thoughtful site design.

    Potential for Increased Barriers

    As highlighted by user experiences, overlays can sometimes introduce new barriers or exacerbate existing ones. This can lead to increased frustration and exclusion for users who rely on accessibility features.

    Legal and Ethical Concerns

    Relying on overlays alone may not meet legal standards for accessibility under regulations like the Americans with Disabilities Act (ADA). A genuine commitment to accessibility involves more than just using tools—it requires ensuring that your site is fully accessible to all users.

    The Path to Genuine Accessibility

    So, what should you do instead of relying on overlays? Here are some steps to take:

    1. Invest in Design: Start by designing your website with accessibility in mind. This includes using proper HTML semantics, ensuring good color contrast, and creating keyboard-friendly navigation.
    2. Conduct Regular Testing: Test your site with real users who have disabilities to identify and address issues. This helps ensure that your site performs well in real-world scenarios.
    3. Seek Professional Advice: Consider consulting with accessibility experts like 216digital, who can guide you through the process of making your site truly accessible. They can provide valuable insights and help you implement best practices.
    4. Commit to Continuous Improvement: Accessibility is an ongoing process. Regularly review and update your site to address new challenges and improve the user experience.

    Take the Next Step Towards Accessibility

    If you’re serious about making your website accessible to everyone, don’t settle for quick fixes like overlays. Instead, invest in long-term solutions that truly improve the user experience for people with disabilities. At 216digital, we specialize in helping businesses achieve genuine web accessibility and stay compliant with ADA requirements.

    To learn more about how you can make your site more inclusive and avoid the pitfalls of web overlays, schedule an ADA briefing with 216digital today. Our experts will guide you through the steps needed to ensure your website not only meets legal standards but also serves all users effectively. Let’s work together to create a web that’s accessible to everyone!

    Kayla Laganiere

    September 17, 2024
    Legal Compliance
    ADA Compliance, Overlay widgets, Overlays, screen overlays, Users experience, Widgets

  • Web Accessibility: The Legal Risks of Ignoring It

    In recent years, web accessibility lawsuits have skyrocketed, jumping from around 2,285 cases in 2018 to over 4,605 in 2023.

    Today, web accessibility isn’t just a matter of inclusivity—it’s a crucial legal requirement. Websites that fail to meet accessibility standards, including those set by the Americans with Disabilities Act (ADA), risk facing expensive fines and legal battles.

    Regardless of whether you’re running a small business or managing a big company, implementing web accessibility isn’t optional—it’s crucial. We’ll explore the legal dangers of ignoring web accessibility, review recent cases, and provide guidance on how businesses can protect themselves by ensuring they comply with the ADA.

    Why Web Accessibility Matters

    Accessibility is not just a legal requirement—it’s a fundamental aspect of creating an inclusive digital world. For individuals with disabilities, web accessibility means the difference between being able to fully engage with a website or facing barriers that prevent them from accessing vital information, products, or services. This includes those who may be:

    • Visually impaired (e.g., blind or low vision)
    • Deaf or hard of hearing
    • Individuals with mobility, cognitive, or neurological disabilities

    For example, a visually impaired person relies on screen readers to navigate websites, while someone with a motor impairment might depend on keyboard navigation or voice commands. Without these adaptive measures, individuals with disabilities face exclusion from participating in the digital space, which can affect their ability to work, learn, shop, or connect socially.

    Web Content Accessibility Guidelines (WCAG)

    The World Wide Web Consortium (W3C) developed the Web Content Accessibility Guidelines (WCAG), which offer a set of standards to ensure that websites are accessible. The most commonly referenced standards are WCAG 2.1 Level A and AA, and they form the basis for many legal requirements, including those found in the ADA.

    ADA and Web Accessibility

    The ADA was initially drafted to apply to physical spaces, but courts have since interpreted it to include websites. When a website isn’t accessible, it can be viewed as discriminatory and may lead to the business violating Title III of the ADA, which prohibits discrimination against individuals with disabilities in public accommodations.

    ADA Compliance and Legal Consequences

    Failure to comply with web accessibility standards can lead to serious legal issues, particularly in ADA lawsuits. Many companies have faced litigation for not having accessible websites, which could lead to court-mandated accessibility updates, financial penalties, and legal fees.

    ADA Lawsuits

    If your website fails to meet web accessibility standards, you risk being sued. In 2023, federal and state courts saw 4,605 ADA-related digital lawsuits, and the trend continues to grow.Organizations of all sizes, from small businesses to Fortune 500 companies, are facing these lawsuits. Every year, thousands of businesses get sued because their websites are not accessible to people with disabilities, leading to costly legal fees and settlements.

    Case Study: Robles v. Domino’s Pizza

    For example, in 2016, Guillermo Robles sued Domino’s Pizza, arguing that the company violated Title III of the ADA because its website and mobile app were not accessible to screen readers. A district court initially dismissed the case, but Robles took it to the Ninth Circuit Court of Appeals, which disagreed with the earlier ruling. The court decided that the ADA did apply to websites and stated that Domino’s had “received fair notice” that its digital content needed to comply with the ADA. This case set a precedent for the applicability of the ADA to the digital space, reinforcing the legal obligations businesses have to ensure online accessibility.

    In October 2019, the U.S. Supreme Court declined to review the Ninth Circuit’s decision. Later, in June 2021, a California federal court found that Domino’s was still in violation of both Title III of the ADA and California’s Unruh Act, as their website and mobile app remained inaccessible for ordering. As part of the settlement, Robles received $4,000 in statutory damages, and Domino’s was required to update its website to meet WCAG 2.0 guidelines.

    These lawsuits often result in more than just legal fees. They can lead to significant financial penalties that can be just as damaging to a business’s bottom line.

    Financial Penalties

    Ignoring web accessibility can result in more than just lawsuits; businesses face hefty financial penalties that can disrupt their operations and tarnish their brand image. These penalties typically include settlement costs, attorney fees, and fines mandated by the courts. Moreover, non-compliant businesses often incur additional expenses for accessibility audits, website remediation, and ongoing maintenance to ensure compliance. The financial strain can be particularly overwhelming for small businesses, but even large corporations aren’t immune to the consequences.

    Below are case studies that illustrate the severe financial penalties companies can face when ignoring web accessibility.

    Case Study: Target Corporation Settlement

    In 2008, Target Corporation faced a class-action lawsuit filed by the National Federation of the Blind (NFB).

    The NFB claimed that Target’s website was not accessible to people who are visually impaired. Users with vision impairments couldn’t navigate the site or make purchases using screen readers. This was seen as a violation of the Americans with Disabilities Act (ADA), which protects people with disabilities from discrimination.

    As part of the settlement, Target paid $6 million to those affected. This showed businesses that not following web accessibility rules could lead to big financial penalties. Target also had to update its website to make sure it worked with screen readers and other assistive technologies.

    This case was a wake-up call for many companies, highlighting that failing to meet web accessibility standards can lead to expensive legal and business problems. It set a clear example that websites, like physical stores, must be accessible to everyone.

    Case Study: Beyoncé’s Parkwood Entertainment

    In 2019, a visually impaired person sued Beyoncé’s company, Parkwood Entertainment. The claim was that Beyonce.com was hard to use with screen readers. The lawsuit alleged the site lacked basic accessibility features. These included image descriptions and easy navigation for screen readers. This lack of accessibility went against the ADA. It also prevented people with disabilities from accessing Beyoncé’s products and services.

    The settlement details are private. However, the case shows the risks of ignoring web accessibility, even for famous brands.

    Mitigating Legal Risks: Proactive Steps for ADA Compliance

    To avoid expensive legal issues and damage to your reputation from not following web accessibility rules, businesses should act proactively. Here are some key steps to help you meet accessibility standards and protect your organization from ADA lawsuits.

    • Understand Web Accessibility Guidelines: WCAG provides rules to make web content more accessible. Learn about these guidelines to know what changes are needed. They cover things like making text easy to read, providing alternative text for images, and ensuring keyboard navigation is smooth.
    • Conduct a Website Audit: Regularly check your website for accessibility problems. There are online tools that can help spot issues, such as missing alt text for images or color contrast problems. By leveraging the expertise of professionals like 216digital, you can ensure that every aspect of your website meets WCAG standards. 
    • Implement Ongoing Training: Train your team, especially those who manage and create content for your website, on web accessibility. This builds a culture of inclusivity and makes sure accessibility stays a priority.
    • Stay Informed and Up-to-Date: Web accessibility standards and best practices can change over time. Keep up with any updates and make necessary changes to your website to stay compliant.
    • Ongoing Monitoring: Compliance isn’t a one-time task. 216digital’s a11y.Radar service offers ongoing monitoring of your website or app to catch any new accessibility issues. This proactive approach helps prevent potential violations before they result in costly lawsuits.

    Get Proactive about ADA Web Accessibility

    Neglecting web accessibility can lead to serious legal troubles and hefty fines, especially with the rise in ADA lawsuits. Ensuring your website is accessible is crucial for protecting your business and avoiding potential risks.

    To safeguard your business and ensure you’re meeting all accessibility standards, consider scheduling an ADA briefing with 216digital. We understand developing a strategy for ADA Website accessibility and liability can be a beast of a project. So, why let web accessibility hijack your development backlog?

    We will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy on your terms, schedule an ADA Strategy Briefing.

    Greg McNeil

    September 12, 2024
    Legal Compliance
    ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits
  • Web Accessibility Overlays: Myths vs. Reality

    Web Accessibility Overlays: Myths vs. Reality

    You’ve just added a shiny new widget to your website, promising instant accessibility and compliance with laws like the Americans with Disabilities Act (ADA). Sounds too good to be true, right? That’s because it often is. Many companies market web accessibility overlays as the magic solution to all your accessibility problems. They promise that with just a quick install, your site will be fully compliant and accessible to everyone. It sounds like the easiest fix in the world—but is it really?

    The truth is, while these overlays might seem like a simple answer, they don’t solve everything. From complex guidelines to ongoing legal risks, relying on an overlay alone can give you a false sense of security. In this article, we’ll dive into the real story behind these widgets and explore why genuine web accessibility requires more than just a quick fix. So, buckle up and let’s uncover the truth about web accessibility overlays and what it really takes to make your site inclusive for all users.

    Myth #1: Web Accessibility Overlays Fully Automate Web Accessibility Compliance

    One of the biggest misconceptions about web accessibility widgets is that they can fully automate compliance with web accessibility standards. Many companies selling these overlays promise that adding their widget to a site will instantly make it accessible and compliant with laws like the ADA or the Web Content Accessibility Guidelines (WCAG). This sounds great, right? A simple piece of code can fix all your accessibility problems in a matter of minutes!

    The Truth: Overlays Can’t Fix Everything

    Here’s the thing: overlays can’t fix everything. While they may assist with some accessibility needs—like text resizing or color contrast—they fall short of addressing complex issues that require thoughtful design and coding. Real accessibility involves:

    Complexity of WCAG Standards

    The WCAG guidelines cover a wide range of disabilities—visual, auditory, motor, and cognitive. Meeting these standards often requires more than what widgets can provide. For example, overlays might not solve issues such as:

    • Navigation menus that aren’t keyboard-friendly
    • Popups or modals that don’t properly capture focus
    • Logical tab order problems
    • Incorrectly labeled images, buttons, or form fields
    • Buttons made with non-interactive HTML tags

    While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while overlays might help with some parts of compliance, they can’t cover everything.

    Surface-Level Changes

    Many overlays offer features like enlarging text or adjusting color contrast. While these can be helpful, they only address surface-level issues. True compliance involves deeper changes to the website’s code and design—something they can’t provide.

    Dynamic Content Challenges

    Overlays may struggle with dynamic content like live updates or interactive features. These parts of a website that change often might not work well with overlays, leading to potential accessibility problems.

    Myth #2: Overlays Are a One-Size-Fits-All Solution

    Some believe that widgets are a one-size-fits-all solution for every website. The idea is that once you add an overlay, it will work for every visitor, no matter their needs. Marketing claims often suggest that they can solve accessibility issues for all types of disabilities.

    The Truth: Overlays Aren’t Universal Fixes

    Every website is unique, and so are its users’ needs. Here’s why overlays often fall short:

    Different Needs for Different Sites

    Websites come in various forms, from simple blogs to complex e-commerce sites. An overlay might offer basic features, but it might not be suitable for every site. For example, a shopping site with complex navigation might need specific accessibility adjustments that an overlay can’t provide.

    Incompatibility Issues

    Overlays can sometimes interfere with a site’s existing design or functions, especially for custom-built websites or those with complex interactive elements. Instead of helping, the overlay might cause problems or make the site less accessible.

    User Preferences

    Different users have different needs. While overlays might offer some customization options, like changing font size or color contrast, they can’t cater to all specific needs. For example, someone with a motor disability might need easy keyboard navigation, while someone with a cognitive disability might need simpler content. Overlays often lack the flexibility to address all these diverse needs.

    Myth #3: Overlays Improve Accessibility for All Users

    It’s easy to believe that if you add an overlay, you’ve made your website more accessible for everyone. This myth is particularly damaging because it can lead to a false sense of security. Site owners might think they’ve done enough and may not feel the need to make further efforts toward accessibility.

    The Truth: Overlays Can Create Barriers

    Overlays can actually create new barriers for some users. For example, screen readers—used by people who are blind or have low vision—might conflict with overlays, causing confusion or glitches. In some cases, users have reported that they make websites even harder to navigate. So, while widgets might help some users in certain situations, they can also cause new challenges for others.

    Myth#4: Overlays Are a Substitute for Genuine Accessibility Practices

    There’s a belief that adding an overlay is all you need to do for accessibility compliance. Some think this means they can skip the hard work of manual audits, coding standards, and user testing. After all, if the overlay claims to handle accessibility, why bother with anything else? But that’s far from the truth. Genuine accessibility takes more than just a quick fix.

    The Truth: Real Accessibility Requires Real Effort

    True web accessibility means creating an inclusive experience for everyone, which involves more than just using an overlay. Here’s why:

    Genuine Accessibility Takes Effort

    Accessibility involves a mix of automated tools and human effort. Overlays might be part of an accessibility strategy, but they aren’t a replacement for manual audits and user testing. Human testers, especially those with disabilities, can provide insights that automated tools can’t. Real accessibility requires following coding standards, testing with real users, and regularly updating the site based on feedback. It’s a continuous process, not a one-time fix.

    Myth #5: Web Accessibility Overlays Decrease Legal Liability

    There’s a common myth floating around that adding a web accessibility overlay to your website will reduce your legal liability for not meeting accessibility standards. The idea is that if you just slap on an overlay, you’re covered, and you won’t have to worry about being sued for accessibility issues. Sounds tempting, right? Especially if you’re looking for a quick fix to avoid legal trouble.

    The Truth: Overlays Don’t Eliminate Legal Risks

    Here’s the reality: using an overlay doesn’t guarantee you’re legally safe. While overlays might help with some features, they don’t always meet legal requirements or ensure full compliance with laws like the ADA.

    Incomplete Compliance

    Overlays might improve some aspects, but they often miss key parts of accessibility, like keyboard navigation or dynamic content. If your site doesn’t fully meet accessibility standards, it can still be considered non-compliant. Legal requirements ensure all users, including those with disabilities, can access and use your website properly.

    Ongoing Legal Risk

    There were 933 lawsuits last year against websites using these so-called “accessibility solutions,” and the number is growing. This year, we’re on track for over 1,100 lawsuits against sites with these ineffective widgets. In the first half of 2024 alone, 503 lawsuits targeted sites with active widgets, making up 20% of all accessibility-related lawsuits this year.

    Overlays in Settlement Agreements

    Recently, many settlement agreements have made it clear that using overlay solutions like AudioEye, AccessiBe, and Accessibility Spark doesn’t meet compliance standards. This shows the need for strong accessibility measures integrated into your site’s design.

    Overlays Can Make You a Target

    Businesses using overlays are facing a rise in copycat lawsuits. Lawyers target companies with third-party widgets, knowing these tools often fall short. Tools like BuiltWith can show which websites use specific tools, making it easy to target sites with these solutions.

    Why Genuine Accessibility Practices Matter

    Web accessibility is about more than just meeting legal requirements—it’s about making your site usable for everyone. Genuine accessibility practices, like following WCAG guidelines, conducting manual audits, and testing with real users, ensure your site is accessible to people with various disabilities. This not only helps avoid legal problems but also improves your website for all users.

    To truly reduce legal risk and provide a better experience for all users:

    • Adopt Comprehensive Accessibility Standards: Follow guidelines like WCAG to meet all user needs through thoughtful design and development.
    • Conduct Regular Audits and Testing: Perform manual audits and usability testing with real users, especially those with disabilities, to find and fix issues that overlays might miss.
    • Continuous Improvement: Regularly update your site and re-evaluate your accessibility practices to keep up with new standards and user needs.

    Final Thoughts

    While web accessibility overlays might seem like a quick and easy fix for making your website compliant with the ADA, they’re far from a complete solution. Overlays often fall short in addressing complex accessibility issues, and relying solely on them can lead to incomplete compliance and even create new barriers for users. Genuine web accessibility requires a thoughtful approach that includes adhering to comprehensive standards like WCAG, conducting manual audits, and testing with real users.

    If you’re serious about making your website truly accessible and reducing legal risks, consider scheduling an ADA briefing with 216digital. Our experts can help you understand the full scope of accessibility requirements and develop a strategy that goes beyond quick fixes. With our guidance, you’ll ensure your site meets all necessary standards and provides an inclusive experience for everyone. Don’t leave your website’s accessibility to chance—contact 216digital today to get started on a path to genuine compliance and better user experience.

    Greg McNeil

    September 9, 2024
    Legal Compliance
    digital accessibility, Overlay, Overlay widgets, Web Accessibility
  • The Legal Pitfalls of Web Accessibility Overlays

    The Legal Pitfalls of Web Accessibility Overlays

    Web accessibility overlays have been popping up everywhere, promising to make websites accessible with just a quick fix. These tools, often marketed as a simple solution, claim to solve accessibility issues with just a few clicks. But are they really the answer? Unfortunately, relying on an overlay might not be the quick fix it seems. Instead, it could lead to even more problems down the road, including legal trouble. Let’s take a closer look at what overlays are and the risks involved depending on them.

    What Are Web Accessibility Overlays?

    First, let’s break down what web accessibility overlays actually are. Overlays are tools that use a snippet of JavaScript to change a website’s code. They often come in the form of toolbars, plugins, apps, or widgets. These overlays claim to detect and fix accessibility problems on a website automatically. However, they don’t actually fix the website’s original source code. Instead, they identify basic accessibility issues, like color contrast and text size, and make adjustments. While these features are important for accessibility, the real issue is how overlays are used and depended upon.

    The Legal Landscape: Recent Lawsuits and Challenges

    Now that you know what overlays are and what they aim to do, let’s dive into the legal implications surrounding their use. In recent years, web accessibility overlays have faced growing scrutiny in U.S. courts. You might have heard about the recent class action lawsuit against accessiBe—one of the most popular accessibility widget providers. If you haven’t, this could be a game-changer for you.

    Case Study: Tribeca Skin Care vs. accessiBe

    On June 24, 2024, Tribeca Skin Care, a small dermatology practice in New York City, filed a class action lawsuit against accessiBe. Even though Tribeca used accessiBe’s overlay, a blind person still sued the practice, claiming their website didn’t meet ADA requirements. This case clearly shows the serious risks of relying solely on these tools for web accessibility.

    Problems and Risks with Overlays

    So, what’s the problem? Overlays like accessiBe promise to fix accessibility issues with just a few lines of code. But in reality, they can sometimes create new barriers instead of removing them. As we look at more legal cases, it becomes evident that courts are increasingly siding with plaintiffs who argue that these overlays aren’t a real substitute for having accessibility built directly into a website’s code. By mid-2024, over 20% of web accessibility lawsuits were filed against companies using these widgets. This raises a big question: Can overlay vendors really deliver the protection from lawsuits or the ADA compliance they promise?

    Copycat Lawsuits: A Growing Threat

    To make things even more challenging, businesses using overlays are now facing a new wave of copycat lawsuits. These lawsuits come from a new wave of ambulance chasers targeting companies that rely on third-party overlays. They know these tools often fall short of providing true accessibility. Tools like BuiltWith make it easy for anyone to see what a website is built with. With just a click, you can access a full list of websites using a specific tool—like AccessiBe or another accessibility overlay.

    Exploitation of Overlay Data

    What are the chances that these serial lawsuit-filing firms are using data like this to find new targets? Especially when they see success in filing lawsuits or sending demand letters against websites using overlays.

    The legal argument is straightforward: if an overlay doesn’t fully meet accessibility standards, then the website is still not compliant with the Americans with Disabilities Act (ADA) and other regulations. As a result, businesses that thought they were protecting themselves with an overlay end up in court, dealing with expensive settlements and damage to their reputation.

    Why Overlays Aren’t a Solution

    So, why are overlays so problematic? The answer lies in their limitations. Overlays are designed to be a one-size-fits-all solution, but accessibility needs are diverse and complex. No single tool can address every issue, especially when it comes to accommodating users with different types of disabilities. For instance, while an overlay might help someone with mild visual impairments by adjusting contrast, it can’t add quality alt-text to images, or ensure that you’re using descriptive link text, for example.

    Additionally, overlays are often implemented as a quick fix rather than a comprehensive solution. This can lead to a false sense of security, where businesses believe they are fully compliant with accessibility laws when, in reality, they are not. This false confidence can backfire when a lawsuit reveals the shortcomings of the overlay, leading to financial and legal repercussions.

    What Can Business Owners Do Instead?

    Given the risks associated with overlays, what should business owners do instead to ensure their websites are accessible? The answer lies in taking a proactive and comprehensive approach to web accessibility. Here are some steps to consider:

    1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
    2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
    4. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
    5. Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.

    Overlays Are Not a Shortcut

    Web accessibility overlays might appear to be a quick solution, but they come with significant legal risks. Recent lawsuits have demonstrated that these tools often fall short of meeting the required standards, leaving businesses exposed to potential legal issues. Instead of opting for an overlay, invest in a comprehensive approach to web accessibility. By integrating accessibility from the ground up, you can avoid the pitfalls of overlays and ensure that your site is genuinely welcoming and usable for all visitors.

    True accessibility is about more than just sidestepping legal troubles—it’s about creating a web experience that everyone can use and enjoy. Don’t settle for a temporary fix. Invest in building a fully accessible website that serves all users effectively.

    Team Up with 216digital

    Ready to take the next step? Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. 

    Don’t wait for a lawsuit to push you into action. Schedule a complimentary ADA strategy briefing with 216digital to take the first step toward website accessibility.

    Greg McNeil

    September 3, 2024
    Legal Compliance
    ADA Compliance, digital accessibility, Overlay, Overlay widgets, Web Accessibility
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