Legal Compliance Archives- Page 6 of 12/Category

Are ADA Lawsuits Truly Addressing Web Accessibility Concerns or Financial Motives?

The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination and ensure equal opportunities for people with disabilities, promoting accessibility in physical spaces, employment, transportation, and communication. Its core intent was, and still is, to remove barriers, offering individuals with disabilities equitable access to spaces, services, and information. Yet, as technology evolved, so did the legal landscape.

Today, ADA lawsuits increasingly target digital spaces, focusing on web accessibility. However, many argue that many of these cases may be financially motivated rather than genuinely aimed at improving user accessibility.

This article will explore whether ADA lawsuits in the digital realm truly address accessibility concerns or have become vehicles for profit, disproportionately affecting small businesses and often failing to create meaningful accessibility changes.

ADA’s Original Purpose: Accessibility for All

Digital spaces were in their infancy when the ADA was introduced, and web accessibility wasn’t yet a primary focus. Over time, however, the need for digital accessibility became apparent as websites and apps became essential tools for daily life. The ADA’s promise of equal access naturally extended into these new spaces, with courts ruling that websites should be accessible to individuals with disabilities. In principle, these lawsuits aimed to push businesses toward compliance, making the digital world as accessible as the physical one.

However, the sharp increase in web accessibility lawsuits has sparked debates. While some argue that these lawsuits hold businesses accountable, others claim they’ve strayed from the ADA’s purpose and are instead exploited for financial gain.

The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

Data shows a dramatic increase in ADA-related digital accessibility lawsuits. According to a report from UsableNet, over 4,000 digital accessibility lawsuits were filed in 2023 alone, with the majority in industries like retail, food service, and e-commerce. Many of these lawsuits are part of what some legal experts call “drive-by” or “surf-by” suits, where plaintiffs—or law firms—quickly identify accessibility issues, sometimes without ever attempting to use the site.

A well-known case involves Domino’s Pizza, which was sued by a visually impaired man who claimed the company’s website and mobile app were incompatible with his screen reader, making ordering food online impossible. In this instance, the lawsuit gained national attention, ultimately resulting in the Ninth Circuit Court ruling in favor of the plaintiff. While this case had an accessibility-focused outcome, it highlighted the complexities of web accessibility requirements under the ADA. Smaller businesses, however, often lack the resources to navigate lengthy litigation, and settlements can be a quicker option.

High-Profile Examples and “Drive-By” Suits

Certain plaintiffs and legal firms have been linked to hundreds, if not thousands, of ADA lawsuits. These “drive-by” or “surf-by” suits are often filed in large batches across multiple jurisdictions, targeting businesses with minor web accessibility issues. In these cases, it’s common for plaintiffs and attorneys to demand settlements without requiring that accessibility issues be addressed. This approach raises questions about the true intention behind these cases: Are they serving individuals with disabilities or simply a means to extract settlements?

High-profile cases aside, small businesses bear the brunt of such lawsuits. For example, a local bakery or a small online retailer with limited technical knowledge and budget may unknowingly operate a website that needs to be fully ADA-compliant. When targeted by a lawsuit, they often find the cost of defending themselves too high, pushing them toward a settlement which rarely requires accessibility improvements.

The Disproportionate Impact on Small Businesses

Due to limited resources and awareness, small businesses are especially vulnerable to ADA lawsuits. Unlike large corporations, small business owners often lack dedicated legal or compliance departments, making it difficult for them to implement and maintain accessible websites. The financial strain can be significant; they face legal fees, potential settlements, and the cost of redesigning their websites for compliance.

For many small businesses, even the threat of an ADA lawsuit is enough to cause financial stress. Paying legal fees and settlements can exhaust their budgets, sometimes leading to layoffs or even closures. While larger businesses may view these costs as part of risk management, small businesses face disproportionate consequences despite representing a smaller fraction of the digital marketplace.

Are ADA Lawsuits Leading to Real Accessibility Improvements?

With the increase in ADA lawsuits, one might assume that digital accessibility has improved dramatically. However, evidence suggests otherwise. Many cases settle out of court without requiring the business to make its website accessible. In these instances, settlements may address plaintiffs’ demands but leave broader accessibility issues unresolved.

While larger companies might use settlements to improve accessibility, smaller businesses often struggle to implement changes even after legal action. Without clear guidelines from the ADA on web accessibility standards, businesses are left in a legal gray area, leading to inconsistent and often inadequate improvements. For meaningful change, legal actions would need to enforce accessibility upgrades as part of their resolutions. Unfortunately, in many cases, financial gain appears to take precedence over accessibility outcomes.

How to Protect Yourself from Frivolous ADA Lawsuits

Despite the challenges, businesses can proactively mitigate the risk of ADA lawsuits and ensure their websites are accessible. Here are several strategies:

Conduct Regular Accessibility Audits

Regularly assessing your website for accessibility compliance is essential. Automated tools and manual testing can help you catch and fix issues that may otherwise go unnoticed. While automated tools can identify many technical problems, manual testing is often necessary to ensure a website is accessible.

Follow WCAG Guidelines

The Web Content Accessibility Guidelines (WCAG) 2.1 are the global standard for web accessibility. While not legally binding under the ADA, adhering to these guidelines demonstrates a commitment to accessibility and can help businesses defend themselves against lawsuits.

Partner with Accessibility Experts

Hiring an external firm with expertise in web accessibility can provide invaluable insights and help you develop a compliance strategy. Accessibility experts like 216digital understand the nuances of ADA and WCAG compliance, making them well-equipped to help businesses avoid common pitfalls.

Stay Informed on Legal Trends

ADA compliance in the digital space is rapidly evolving, and staying informed on relevant lawsuits and rulings can help businesses understand potential risks. Engaging with industry groups or associations that focus on digital accessibility can also provide guidance and resources.

Maintain Documentation and Accessibility Policies

Documenting your efforts to comply with accessibility standards can help demonstrate a proactive approach. Maintaining a web accessibility policy and records of improvements can strengthen your defense if faced with a lawsuit.

Moving Toward Meaningful Change in Web Accessibility

For ADA lawsuits to truly serve their intended purpose, they need to result in real accessibility improvements rather than financial settlements alone. While some cases serve as important reminders for businesses to make their websites accessible, the prevalence of drive-by suits highlights the need for more explicit standards and legal reform. Small businesses, in particular, require more guidance and support to achieve compliance without facing financial ruin.

A Call for a Balanced Approach

In conclusion, ADA lawsuits can be a powerful tool for advancing web accessibility, but only if they prioritize access over profit. For meaningful progress, lawsuits should focus on enforcing change rather than leveraging settlements. By adopting proactive accessibility strategies, businesses can protect themselves from frivolous lawsuits and contribute to a more inclusive digital landscape for all users.

By taking steps to prioritize accessibility, companies can reduce their exposure to ADA lawsuits and ensure that their websites are accessible to all users, fulfilling the original purpose of the ADA. For any organization, compliance is a legal obligation and an opportunity to create an inclusive and user-friendly digital experience.

Ready to get started? Schedule a complimentary ADA strategy briefing with 216digital today. Let’s work together to protect your online business!

Greg McNeil

November 4, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility, Website Accessibility
Why 100% ADA Compliance Isn’t Realistic
If you own a website or create online content, it’s crucial to understand what ADA compliance truly entails. In today’s digital landscape, failing to address accessibility isn’t just a missed opportunity—it’s a potential liability. Despite promises from certain agencies claiming they can make your site “100% ADA-compliant,” the reality is more complex. Can any website truly meet full compliance in an ever-evolving digital world? Let’s take a closer look at what this means and why a one-size-fits-all solution may not be enough to protect you from legal risks or to provide a genuinely accessible experience.

What is ADA Compliance?

The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that people with disabilities have equal rights and opportunities. While the ADA doesn’t specifically mention websites, it has been interpreted to apply to them, especially under Title II (which covers state and local governments) and Title III (which focuses on public accommodations like businesses).

For websites, ADA compliance often means following the Web Content Accessibility Guidelines (WCAG). These guidelines help make online content more accessible to everyone, including those with visual, auditory, or other disabilities. The WCAG principles can be summed up as follows:
- Perceivable: Information must be presented in a way that users can perceive, like providing text alternatives for images.
- Operable: Users must be able to navigate and interact with the content using various devices and assistive technologies.
- Understandable: Information and user interfaces should be clear and straightforward.
- Robust: Content must be compatible with current and future user agents, including assistive technologies.
Can a Website Be 100% ADA-Compliant?

Now, here’s the tricky part: claiming that a website can be 100% ADA compliant is not only misleading but also unrealistic, and there is no legal definition. Why is that? Because the web is constantly changing. New technologies, design trends, and content updates can all affect how accessible a website is. Lastly, the Department of Justice has never set in stone what it means for a website to be legally compliant.

Accessibility Standards vs. Ongoing Compliance

Understanding the difference between achieving accessibility standards and maintaining compliance is crucial. You might partner with an agency that helps you meet specific accessibility goals today. However, if you don’t continue to monitor and update your website, you could risk falling out of compliance as your site evolves.

For example, if you add new content or change your design, you need to ensure those changes also meet accessibility standards. This ongoing effort is what keeps your website welcoming and usable for all visitors.

False Claims by Agencies

Many agencies will promise they can make your website “fully ADA compliant.” They might use phrases like “one-time fix” or “permanent compliance.” While that sounds appealing, it’s often not realistic. Here’s why:
1. One-Time Solutions: If an agency offers a quick, one-time fix, be cautious. Accessibility isn’t a set-it-and-forget-it situation. Websites need continuous updates and adjustments.
2. Guaranteed Compliance: Some agencies might claim they can guarantee compliance. However, there is no set legal standard for web compliance. You might still face ADA lawsuits even after working with an agency.
3. Frivolous ADA Lawsuits: It’s unfortunate, but there are frivolous ADA lawsuits out there. Some businesses are sued over accessibility issues that seem exaggerated. This highlights the importance of taking genuine steps toward accessibility rather than relying on empty promises.
What to Look For in an Agency

So, how do you find the right agency for web accessibility services? Here are some tips to help you choose wisely:
1. Continuous Support: Look for agencies that offer ongoing support instead of just a one-time fix. This could include regular audits and updates based on user feedback.
2. Transparency: A reputable agency should be clear about what they can and cannot guarantee. They should help you set realistic expectations for what compliance looks like.
3. Education: The best agencies will not only assist you in making your website compliant but will also educate you on how to maintain accessibility in the long run. Knowledge is power!
4. Customized Solutions: Every website is unique. An effective agency should be willing to tailor their approach to meet your specific needs and goals.
Setting Realistic Expectations

As a website owner, setting realistic expectations about what ADA compliance means for your site is crucial. Accessibility is a journey, not a destination. While you can take significant steps to improve your site’s accessibility, it’s essential to recognize that this is an ongoing commitment.

Be wary of agencies that promise a quick fix or complete compliance. Instead, look for partners who understand the evolving nature of web content and can help you adapt over time.

Secure Lasting Accessibility with 216digital

The web is dynamic, and maintaining accessibility requires ongoing effort. Choosing an agency focused on continuous support and education equips you to create an inclusive online space for everyone

At 216digital, we prioritize not only bringing your website into compliance but also educating you on how to maintain and enhance accessibility long after your project is complete. We’re committed to supporting you on this journey every step of the way.

We encourage you to schedule an ADA briefing with us to learn how we can help you navigate the complexities of web accessibility. Together, we can ensure your website remains welcoming and usable for all visitors.

Embrace the journey, and let’s make the web a better place for everyone!
Greg McNeil

November 1, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance
Is Your Website ADA-Compliant?
Ever wonder if your website is truly welcoming to all visitors? It’s easy to think, “My site looks great. It works smoothly—why worry?” But here’s the catch: a good-looking, functional site isn’t always an accessible one. And if your website isn’t ADA compliant, you could be unintentionally shutting the door on a massive group of potential visitors and customers—people with disabilities.

Let’s put it this way: imagine if a brick-and-mortar store had narrow, cluttered aisles or no ramps. Customers with mobility challenges would struggle to get in or move around. Now, think of your website as that store. If it isn’t built with accessibility in mind, visitors with disabilities may find it impossible to navigate, use, or even understand what you’re offering.

So, is your website ADA-compliant? If you’re not sure or have never checked, this guide is for you. We’ll break down what ADA compliance means, why it matters, the standards to follow, and how you can ensure your site is welcoming to all. Ready to see if your online space meets the mark? Let’s dive in.

Why ADA Compliance Matters

Making sure your website is ADA-compliant isn’t just a box to check off—it’s a vital part of running a business that’s inclusive and future-proof. An accessible website means everyone, regardless of ability, can navigate, engage with, and enjoy your content. This approach not only helps build trust and loyalty but can also increase your audience and improve user satisfaction. And let’s not forget, it comes with important legal and business benefits.

Legal Implications

The Americans with Disabilities Act (ADA) requires that businesses—including their websites—be accessible to everyone. If your site isn’t ADA-compliant, you could be in for a rough ride. The number of ADA-related lawsuits has been rising fast. In 2023, for instance, over 4,500 web accessibility lawsuits were filed in the U.S., which was a 15% increase from the year before, according to UsableNet.

Courts have been clear that digital spaces are covered by the ADA, even though it was created before the internet as we know it existed. And it’s not just big businesses being targeted—small and medium-sized businesses have also found themselves in legal hot water over inaccessible sites. Legal fees, settlements, and potential damage to your reputation can add up quickly, costing far more than making your website compliant in the first place. By focusing on accessibility, you’re not just protecting your business; you’re showing that inclusivity is a priority.

Expanding Your Audience

Making your site ADA-compliant isn’t just about sidestepping legal issues—it’s also about reaching more people. The World Health Organization (WHO) reports that over 1 billion people globally live with some form of disability. In the U.S., the Centers for Disease Control and Prevention (CDC) says that 26% of adults have some kind of disability. This includes a wide range of challenges, from visual and hearing impairments to mobility and cognitive issues.

Think about it: if your website is easier to use for people with disabilities, you’re opening your doors to a vast number of potential customers who might have otherwise struggled with your site. In fact, a study in the U.K. found that 71% of users with disabilities will leave a site that’s hard to use, and 82% of them are willing to spend more on a site that’s accessible. That’s a lot of potential revenue and customer loyalty that can be yours just by making your site more inclusive.

Understanding Web Accessibility Standards

To create an accessible website, it’s essential to understand key standards, particularly the Web Content Accessibility Guidelines (WCAG). These guidelines, developed by the World Wide Web Consortium (W3C), provide a roadmap for making web content more accessible to people with disabilities.

Key Principles of WCAG

The WCAG outlines four fundamental principles, often remembered by the acronym POUR:
1. Perceivable: Information must be presented in ways that users can perceive. This means providing text alternatives for images, using captions for videos, and ensuring sufficient contrast between text and background colors.
2. Operable: Users should be able to navigate the site using various methods. This includes keyboard navigation and the ability to pause or stop animations.
3. Understandable: Content and navigation must be easy to understand. This includes using clear language, consistent navigation, and proper labeling of forms.
4. Robust: Content should be compatible with various technologies, including assistive technologies like screen readers. This means writing clean, semantic HTML.
By adhering to these principles, you’ll be well on your way to creating a more accessible website.

Common Barriers to Web Accessibility

Even with the best intentions, many websites still have barriers that prevent people with disabilities from accessing their content. Here are a few common issues:

Images Without Alt Text

Images can be a significant barrier if they don’t have descriptive alt text. Alt text is essential for users who rely on screen readers, as it provides context about the image.

Poor Color Contrast

If the contrast between your text and background is too low, it can be challenging for individuals with visual impairments to read your content. Aim for a contrast ratio of at least 4.5:1 for normal text.

Inaccessible Forms

Forms are often problematic. If they lack labels or instructions, users with disabilities may find it challenging to fill them out. Always ensure that forms are correctly labeled and provide clear instructions.

Lack of Keyboard Navigation

Many users with disabilities rely on keyboard navigation rather than a mouse. If your website doesn’t support this, it can create significant barriers.

Testing Your Website for Accessibility

Now that you understand the importance of ADA compliance and common barriers, how do you ensure your website is accessible? Here are some methods for testing your site:

Manual Checks

Begin with manual checks of your website. Go through your site using only the keyboard. Can you navigate easily? Test your forms to see if they’re usable without a mouse. This basic level of testing can reveal a lot about your site’s accessibility.

Automated Tools

Automated accessibility testing tools can help identify many common issues quickly. Here are a few popular options:
- WAVE: This browser extension evaluates accessibility and highlights issues on your page.
- Lighthouse: Built into Chrome’s developer tools, Lighthouse provides audits of various web aspects, including accessibility.
While these tools are helpful, they don’t catch everything. They should be used in conjunction with manual checks to ensure a truly ADA-compliant website.

User Testing with Assistive Technologies

The best way to understand how ADA-compliant your site truly is is to test it with real users who have disabilities.
- Screen Readers: Ask users to navigate your site using popular screen readers like JAWS or NVDA.
- Keyboard Navigation: Observe how users interact with your site using only a keyboard.
Getting feedback from users with disabilities will give you insights that automated tools might miss.

Practical Steps to Improve Accessibility

Once you’ve identified accessibility issues on your site, what should you do next? Here are some practical steps you can take:
- Start with an Accessibility Audit: Before making any changes, conduct a comprehensive audit of your website. Use both automated tools and manual checks to identify barriers.
- Prioritize Quick Wins: Addressing some accessibility issues can take time, but there are many “quick wins” you can tackle right away.
- Implement Staff Training and Awareness: Accessibility is not just a one-person job. Ensure your content creators, developers, and designers are trained on best practices for maintaining and improving web accessibility.
- Monitor Accessibility Consistently: Regular audits are essential, but ongoing monitoring ensures that new updates don’t introduce issues. Services like 216digital’s a11y.Radar can help by continuously checking for compliance and alerting you to new challenges.
Conclusion

Making sure your website is ADA-compliant is more than just checking a legal box—it’s about creating a space where everyone feels welcome. Prioritizing accessibility can open your business to a wider audience, boost user satisfaction, and even shield you from potential legal issues. But let’s be honest: navigating the ins and outs of accessibility can feel overwhelming.

That’s where we come in. At 216digital, we’re here to make it simple. Schedule an ADA briefing with us to find out if your website is at risk and how we can help make it more inclusive. Don’t wait until there’s a problem; get ahead of it and show your commitment to accessibility today. Your future customers (and your peace of mind) will thank you!
Greg McNeil

October 30, 2024

Legal Compliance

Accessibility testing, ADA Compliance, ADA Lawsuit, WCAG, Web Accessibility
A Case for Starting Accessibility Early in Development
When you’re kicking off a new web project, it’s easy to focus on exciting features and visual design. But here’s something that often gets pushed aside until it’s almost too late: accessibility. The truth? Accessibility isn’t just a box to check off at the end of development; it’s a fundamental part of creating an inclusive, user-friendly experience from day one. To truly succeed, you need to start accessibility early.

Think about it: no one wants to realize their new website or app needs major tweaks just to be usable for everyone. Starting accessibility early not only benefits people with disabilities but boosts usability for all your users, saves you money, and keeps you in line with standards like Web Content Accessibility Guidelines (WCAG). And who doesn’t want to avoid headaches later on?

Let’s break down why embedding accessibility into your project from the very beginning is worth every bit of effort—and how to make it happen smoothly.

Why Start Accessibility Planning from the Beginning?

Making accessibility a priority from day one can feel like a big commitment, but here’s what you gain by choosing to start accessibility early:

Avoid Costly Retrofits

Fixing accessibility issues at the end of a project can mean reworking significant parts of your site—an expensive and time-consuming ordeal. Imagine designing your site, launching it, and then realizing it doesn’t meet accessibility standards. Adding features like keyboard navigation or fixing color contrast at that point can mean redoing large chunks of your design. Planning for these details early on keeps everything smoother (and kinder on your budget).

Enhance User Experience for All

When you start accessibility early, you set the stage for a user experience that is friendly and inclusive for everyone. Accessibility isn’t just for those with disabilities—it’s for everyone. Features like clear navigation, easy-to-read text, and well-labeled elements make browsing better for all users. Designing with accessibility in mind from the start ensures these benefits are baked in, rather than added later.

Stay Compliant and Avoid Legal Issues

Starting with WCAG standards and other accessibility guidelines from the get-go helps you avoid legal hiccups. These guidelines form the backbone of inclusive web design and ensure you’re in line with regulations like the Americans with Disabilities Act (ADA). Following these rules early on makes compliance one less thing to worry about.

How to Integrate Accessibility into Each Stage of Development

Accessibility can be woven into every phase of your project with just a bit of planning. Here are some actionable steps for developers and designers:

Design with Accessibility in Mind

From the beginning, designers play a critical role in accessibility by setting the structure and visual flow of a project. Here are a few accessibility best practices to incorporate during the design phase:

Color Contrast and Readability

Make sure your text is easy to read against its background. According to WCAG guidelines, regular text should have at least a 4.5:1 contrast ratio, while larger text should have a 3:1 contrast ratio. Testing tools like WebAIM’s Color Contrast Checker make this quick and easy to verify.

Intuitive Layout and Navigation

A clear, intuitive layout ensures all users can navigate your site. Place navigation elements consistently, keep forms simple, and use ample white space to make content easier to digest. These are just a few examples of how to start accessibility early in your design strategy.

Descriptive Text for Buttons and Links

Buttons and links should have descriptive text that tells the user exactly what will happen when they click. Instead of a vague “click here,” label it with “Learn More About Accessibility,” for example. Clear labels improve navigation for users and assistive technologies alike.

Use the Right HTML Tags

Developers can make a huge impact when they start accessibility early by using semantic HTML. Semantic HTML tags—like <header>, <main>, <nav>, and <footer>—convey the structure of your webpage to screen readers and other assistive devices, helping users navigate more effectively.

Proper HTML Markup

Use headings (<h1>, <h2>, etc.) in a logical order, and never skip heading levels. This creates a clear hierarchy for users relying on screen readers and assists everyone in navigating your content.

Descriptive Alt Text for Images

Screen readers rely on alternative text (alt text) to describe images to visually impaired users. Ensure every image with meaningful content has a description that conveys what’s in the image or its purpose. If the image is purely decorative, use an empty alt attribute (e.g., alt=" ") to signal to screen readers that it can be ignored.

ARIA Attributes

Accessible Rich Internet Applications (ARIA) roles and attributes provide additional context where HTML alone may fall short. For example, you can use aria-label to describe the function of a button or aria-live to notify screen readers of real-time changes, like alerts.

Test for Accessibility as You Go

Testing for accessibility throughout development lets you catch issues early before they become a headache to fix. Here’s how to implement regular accessibility checks:

Automated Accessibility Tools

Automated testing tools like Lighthouse and WAVE can detect many common accessibility issues, such as missing alt text or incorrect heading levels. However, keep in mind that while these tools are valuable, they’re not a complete solution.

Manual Testing and Keyboard Navigation

Not all accessibility features can be evaluated by automated tools, so manual testing is essential. Many users with disabilities rely on keyboards instead of a mouse, so test your site using keyboard navigation alone. Make sure users can access all interactive elements (like links, forms, and buttons) and follow a logical tab order.

Screen Reader Testing

Use screen readers like NVDA (for Windows) or VoiceOver (for Mac) to simulate how users with visual impairments experience your site. This will help you catch any missing descriptions, confusing elements, or awkward navigation.

Get Feedback from Users with Disabilities

Involving people with disabilities in testing phases offers invaluable insights. Real users bring unique perspectives that automated tools or simulated testing just can’t replicate.

Plan for Inclusive Testing

Recruit a diverse group of testers who use different assistive technologies, including screen readers, magnification software, and voice control. Their feedback can reveal practical challenges and usability issues you might not anticipate.

Iterate Based on Feedback

Make adjustments based on real-world experience and retest if needed. Accessibility is an ongoing process, and user feedback will help you understand where improvements are necessary.

Regularly Check Your Site

Keeping your site accessible isn’t a one-and-done task—it’s an ongoing process. Regular audits help ensure that your site or app stays up to date with accessibility standards as you make changes or add new features. These check-ups can catch any issues that might have been overlooked during development, or that pop up over time. But audits alone don’t cover everything; that’s where regular monitoring comes in.

Services like a11y.Radar makes a big difference by providing continuous monitoring to help keep your website accessible. With automated checks and detailed reports, a11y.Radar alerts you to potential issues early on so you can fix them before they turn into bigger problems. Plus, it helps you stay aligned with current WCAG guidelines, which are always evolving.

Combining regular audits with a monitoring service like a11y.Radar keeps your site running smoothly and ensures a user-friendly experience for everyone.

Building a Culture of Accessibility

Making accessibility a foundational part of your development culture is key to sustaining these practices long term. Here are some ideas to foster an accessibility-first mindset in your team:

Educate and Train Your Team

Provide training on accessibility guidelines and tools for all team members, from designers and developers to project managers and content creators. Workshops, webinars, and resources on WCAG standards and inclusive design can help create a shared understanding of accessibility’s importance.

Keep Accessibility Resources Available

Ensure your team has access to accessibility checklists, WCAG guidelines, and tool recommendations. Having these resources easily accessible means team members can refer to them at any stage of development.

Regularly Review and Share Accessibility Wins

Celebrate small successes, such as completing accessibility testing on a new feature or receiving positive feedback from an accessibility audit. Recognizing and sharing progress reinforces the importance of this work and motivates your team to continue prioritizing accessibility.

Helpful Tools for Accessibility

There are a variety of helpful tools for accessibility checks and improvements. Here are a few top options:
- WebAIM’s Color Contrast Checker: Verifies that contrast meets WCAG standards for readability.
- Lighthouse and WAVE: An open-source accessibility tool that runs quick checks on your web pages for WCAG compliance.
- Screen Readers: Test with NVDA (Windows), VoiceOver (Mac), and TalkBack (Android) to experience your site from the perspective of visually impaired users.
- ARIA Authoring Practices Guide: This guide provides information on implementing ARIA roles and attributes to enhance assistive technology compatibility.
Ready to Make Accessibility Part of Your Game Plan?

So, there you have it—starting accessibility early isn’t just a nice-to-have; it’s a win-win for everyone involved. By weaving accessibility into your project from day one, you’re not only sidestepping costly revisions but also crafting a better experience for all your users. Plus, you’re keeping things legally sound, which is always a good move.

But we get it—navigating the world of WCAG guidelines and accessibility best practices can feel a bit like decoding a secret language. If you’re ready to start accessibility early in your web development process without complicating your project, let’s talk. Schedule an ADA briefing with us at 216digital, and we’ll guide you through your journey in plain English (no tech jargon). Let’s work together to make the digital world a more inclusive place—one accessible website at a time.
Greg McNeil

October 28, 2024

Legal Compliance, The Benefits of Web Accessibility

Accessibility, Accessibility testing, ADA Compliance, UX, web development
ADA Lawsuits: How They’re Shaping the Internet
The Internet is an essential part of daily life. We shop, work, learn, and even socialize online. But for millions of people with disabilities, the digital world can feel like a locked door. That’s where the Americans with Disabilities Act (ADA) steps in. Originally designed to ensure access to physical spaces, the ADA is now playing a significant role in making sure the digital world is accessible to everyone.

Let’s dive into how ADA lawsuits are shaping the future of the Internet and why this movement towards web accessibility matters for all of us.

Why Web Accessibility Matters

Imagine trying to buy groceries online, book a doctor’s appointment, or read the news—but being unable to do so because the website isn’t accessible. This is the reality for many people with disabilities. Web accessibility aims to remove these barriers, making sure websites are usable by all, whether someone is blind, deaf, has limited mobility, or faces cognitive challenges.

It’s not just about compliance; it’s about creating a better experience for everyone. When websites are more accessible, they’re also more user-friendly. For example, features like closed captions help users with hearing impairments, but they’re also useful for anyone in a noisy environment.

How the ADA Applies to the Digital World

The ADA, passed in 1990, is a law meant to prevent discrimination against people with disabilities. While it initially focused on physical locations, it’s evolved to include digital spaces like websites, mobile apps, and online services.

Title III of the ADA requires “places of public accommodation” to be accessible. While that originally meant places like stores and restaurants, the DOJ published guidance in 2022 confirming its position that the ADA does apply to websites, stating:

“…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

– U.S. Department of Justice | Guidance on Web Accessibility and the ADA (2022)

This shift is significant because it brings the same standards of accessibility that apply to physical spaces into the digital realm. If a website isn’t accessible, it could violate the ADA—leading to legal action.

Key Lawsuits Driving Change

Several high-profile lawsuits have set important legal precedents for web accessibility, encouraging businesses to prioritize digital inclusivity. Here are some of the most significant cases that have reshaped the digital landscape:

Robles v. Domino’s Pizza (2019)

In 2016, Guillermo Robles, a blind man, sued Domino’s Pizza because he couldn’t use their website or mobile app to order food. Robles relied on screen-reading software, but Domino’s website and app were not compatible with it, making the services inaccessible.

The case went through multiple courts, with Domino’s arguing that the ADA did not clearly apply to websites. However, the Ninth Circuit Court of Appeals disagreed, stating that the ADA does cover websites and apps if they are closely tied to a physical location that serves the public. The U.S.

Supreme Court declined to review the case, effectively affirming the lower court’s ruling. This landmark case established a strong precedent that digital services must be accessible, especially if they’re an extension of a physical business.

Winn-Dixie Stores Inc. v. Gil (2017)

In 2016, Juan Carlos Gil, a blind man who uses screen-reading software, attempted to access the website of the grocery chain Winn-Dixie but found it was incompatible with his software. Unlike Robles v. Domino’s, Winn-Dixie had no functional website components for users to complete transactions online; however, the website did allow users to refill prescriptions, access coupons, and find store locations—services that were considered extensions of its physical stores.

The federal court sided with Gil, ruling that the website’s connection to the physical stores meant it had to comply with ADA requirements. Although the Eleventh Circuit later reversed this decision, arguing that websites themselves are not necessarily “places of public accommodation,” this case still sparked important conversations about digital accessibility. It highlighted that when a website is integral to a business’s services, it must meet accessibility standards.

Bashin v. ReserveCalifornia.com (2023)

Bryan Bashin, a blind user, filed a lawsuit against ReserveCalifornia.com, a state-run site responsible for booking campsites in California’s state parks. Bashin faced numerous challenges while using the website, including unlabelled buttons and forms that his screen reader couldn’t interpret. What made this case unique was that Bashin targeted not just the website itself, but also the state contractor responsible for the website’s development and maintenance.

This lawsuit emphasized the importance of holding government contractors accountable for digital accessibility, setting a new precedent. The court ruled in favor of Bashin, making it clear that not only are government-run websites subject to ADA compliance, but so are third-party developers who manage public websites. This ruling added new pressure on contractors and developers to implement accessibility features from the start, ensuring that websites are built with inclusivity in mind.

Evolving Legal Requirements for Web Accessibility

As the number of ADA lawsuits grows, so do the legal requirements for web accessibility. While there’s no one-size-fits-all standard, the Web Content Accessibility Guidelines (WCAG) have become the go-to benchmark. These guidelines are designed to make websites more usable for people with disabilities and cover areas like:
- Text Alternatives: Providing descriptive text for images, videos, and other non-text content.
- Keyboard Accessibility: Ensuring users can navigate sites using only a keyboard.
- Readable Fonts and Color Contrast: Make sure fonts are easy to read, and colors are distinguishable for people with vision impairments.
- Video Captions and Transcripts: Offering captions for videos and transcripts for audio content.
By aligning your website with these guidelines, you reduce the risk of legal challenges and create a better user experience for everyone.

How Businesses Are Adapting

As the legal landscape shifts, many businesses are taking proactive steps to ensure their websites comply with accessibility standards. Here are a few strategies they are employing:

Investing in Training and Resources

Many companies are now training their web development teams on accessibility standards. By understanding the principles of web accessibility, teams can create more inclusive websites from the ground up.

Conducting Accessibility Audits

Regular audits of websites can identify areas needing improvement. Companies are increasingly employing tools and experts to evaluate their sites against WCAG standards. This helps pinpoint issues like missing alt text or improper heading structures.

Integrating Accessibility Features from the Start

More businesses are making accessibility a priority during the design phase. This includes adding features such as keyboard navigation and ensuring that content is structured in an accessible way. By embedding these practices from the beginning, companies can avoid costly retrofits down the line.

Engaging with the Community

Some businesses are partnering with organizations that advocate for individuals with disabilities. By seeking feedback from actual users, they can better understand accessibility challenges and improve their websites accordingly. This not only leads to a better product but also fosters goodwill and loyalty among customers.

Long-Term Implications for the Future of the Internet

The growing emphasis on web accessibility has several long-term implications for the future of the Internet:

Increased Awareness of Inclusivity

As more companies recognize the importance of web accessibility, we will likely see a cultural shift in how businesses approach design and user experience. Prioritizing inclusivity can attract a broader audience and create loyal customers.

Legal Precedents Will Shape Standards

As more ADA lawsuits are filed, legal precedents will increasingly dictate what is considered acceptable in terms of web accessibility. Businesses will need to stay informed about these developments to avoid potential legal pitfalls.

Technological Advancements

The demand for accessible web design will likely spur innovation in technology and tools. We can expect new solutions that simplify the process of making websites accessible, from AI-driven accessibility checkers to improved assistive technologies.

A Culture of Accessibility

As web accessibility becomes a norm, future designers and developers will likely prioritize inclusivity from the outset. This could lead to a more inclusive internet overall, where all users can engage equally.

Conclusion

Web accessibility is reshaping the digital landscape, and it’s clear that the ADA’s influence is paving the way for a more inclusive internet. While compliance with these evolving standards may seem daunting, it’s ultimately about creating a digital environment where everyone can navigate and engage with ease. By enhancing accessibility, you’re not just adhering to legal requirements—you’re fostering a more user-friendly experience for all.

Instead of seeing accessibility as a burden, consider it an opportunity to make your website more welcoming and effective. It’s a chance to lead by example and demonstrate your commitment to inclusivity. If you’re curious about where your website stands, scheduling an ADA briefing with 216digital can be a great first step. Let’s shift the focus from obligation to opportunity, one accessible website at a time.
Greg McNeil

October 22, 2024

Legal Compliance, The Benefits of Web Accessibility

ADA, ADA Compliance, ADA Lawsuit, Web Accessibility
5 Accessibility Mistakes to Dodge This Holiday Season
Many eCommerce businesses make most of their income during the holiday shopping season, so your website must perform to the best of its ability during the Black Friday and Cyber Monday promotions. Web Accessibility is probably the last thing on your mind when you’re already in a frenzy to ensure you’re maximizing every visit to your website. However, you may be leaving money on the table or making yourself vulnerable to expensive litigation if you don’t stay diligent with your digital inclusivity.

For many customers—especially those with disabilities—shopping online is their primary option. If your website isn’t accessible, you’re alienating a significant portion of your audience (up to 20%) and potentially violating the Americans with Disabilities Act (ADA).

To help you prepare for the holiday rush, let’s go over five common web accessibility mistakes businesses make during holiday promotions and how you can avoid them.

Insufficient Alt Text for Images

Holiday promotions often rely on eye-catching images, banners, and product displays. However, if those images lack appropriate alt text, customers using screen readers won’t be able to understand their content. Alt text (short for alternative text) provides a textual description of an image that’s accessible to screen reader users.

Why It Matters

Alt text is essential for individuals with visual impairments. If a visually impaired customer is browsing your site and encounters an image without a proper description, they’ll have no idea what’s being displayed. Imagine running a huge Black Friday sale, but your best deals are hidden from a portion of your audience simply because your images aren’t described.

How to Fix It

As you add promotional banners and products to the website, always make sure you’re adding alt text to the images. Here’s an example:
```
<img src=" winter-sale-banner.jpg" alt=" Banner for Winter Sale - Up to 50% off jackets and coats">
```
Do not use image file names or vague text such as “sale-img” or “Sale Image”. Make sure the alt text contains enough information that the user understands the purpose of the image and contains any words that appear on the image.

Poor Color Contrast

With holiday promotions comes festive design—bright colors, eye-catching buttons, and themed decorations. While these designs may look great, they often fail color contrast standards. Having adequate color contrast is not only good for color-blind users, but it also makes the website easier for everyone to navigate.

Why It Matters

According to WCAG, the minimum contrast ratio between text and background should be at least 4.5:1 for normal text and 3:1 for larger text. When the contrast is too low, customers with low vision or color blindness may struggle to read important information, such as product details or discount codes.

How to Fix It

Use tools like the WebAIM Contrast Checker to ensure your color choices meet the WCAG contrast ratio guidelines. For example, a light gray text on a white background will likely fail the contrast test, but switching to a darker gray or black can make a big difference.

Here’s an example of a common mistake and how to correct it:
```

<p style="color: #cccccc; background-color: #ffffff;">50% off all products!</p>

<p style="color: #000000; background-color: #ffffff;">50% off all products!</p>
```
Pay attention to your text color, button colors, and even the contrast of smaller elements like icons.

InaccessibleNavigation and Controls

Most store owners don’t consider that some users do not navigate their website with a mouse. Even some users without disabilities prefer to use other input methods to quickly navigate some sections of your website.

Why It Matters

Blind and motor-impaired users rely on the keyboard, gestures, or voice commands to navigate your website. If your navigation, contact forms, category filters, and product pages are not properly coded to support these input methods, these users will be denied equal access to the website and may not be able to make a purchase with you at all, losing you a valuable customer and potentially damaging your reputation.

How to Fix It

Regularly test the functional portions of your website with a keyboard. Attempt to start at the homepage, navigate to a category page, use the category filters, add/remove product quantities, and select product options without your mouse. If you encounter a problem with an element, it’s likely not coded using the correct element. You can force an element to receive keyboard focus using the tabindex attribute. The role="button" attribute will help users navigating with assistive technology better understand the purpose of the control:
```
<span class="swatch-button" tabindex="0" role="button">Beige</span>
```
Better yet, use the correct semantic HTML tag to accomplish this:
```
<button class="swatch-button">Beige</button>
```
Semantic HTML helps users relying on assistive technology understand the purpose of controls and also helps Google better understand the structure of your website:
```
<nav>
	<a href="/products">All products</a>
	<a href="/products/sale">Sale products</a>
	<a href="/contact">Contact Us</a>
</nav>
```
Missing Captions on Promotional Videos

Videos are an excellent way to showcase products, promote deals, or explain services during the holiday season. However, many businesses forget to include captions, making the content inaccessible to users who are deaf or hard of hearing.

Why It Matters

Videos contain a lot of important information in the form of spoken words and visual cues. Both blind and deaf users rely on accessible closed captions (not just subtitles) to understand the content of the video. Also, some users may be in noisy environments and are unable to hear the video.

How to Fix It

Most popular video platforms have auto-captioning features, but these tend to just subtitle the video rather than create truly accessible closed captions. There are many cheap and easy closed captioning services, such as Rev.com, that have quick turnarounds.

Here’s how you implement closed captions from an external service:
```
 <video controls>
  <source src="promo-video.mp4" type="video/mp4">
  <track kind="captions" src="captions_en.vtt" srclang="en" label="English">
  Your browser does not support the video tag.
</video>
```
Always test the captions to make sure they sync properly with the video and cover both spoken dialogue and important sound effects.

Over-reliance on Automated Accessibility Overlays

It might seem tempting to use automated accessibility overlays, especially during the hectic holiday season. These are often marketed as one-click solutions to make your website accessible. The Department of Justice has issued clear guidance that these solutions are inadequate in addressing web accessibility, and they may get you targeted with litigation.

Why It Matters

Automated accessibility overlays claim to fix all accessibility issues on a website, but they usually fail to address the root problems. Blind users are outspoken that they dislike these solutions as they tend to interfere with the assistive technologies they’re already comfortable with. We’ve also seen these solutions specifically called out in lawsuits as a reason for being targeted.

How to Fix It

The best way to ensure your site is accessible is by addressing the core issues in your code and design. Automated tools can help identify problems, but manual reviews and fixes are essential. Invest in manual audits and focus on meeting the WCAG guidelines through thoughtful design and coding practices.

Here’s an example of using a reliable method instead of relying on an
```

<img src= "holiday-product.jpg" alt= "Red winter coat with a 30% off discount tag">
```
Automated tools tend to use AI to label images and controls and often misrepresent content on the website, leading to a potentially overtly harmful experience.

Conclusion

As you gear up for holiday promotions, make sure accessibility is at the top of your checklist. By avoiding these common mistakes—insufficient alt text, poor color contrast, inaccessible navigation, missing captions, and over-reliance on automated tools—you’ll ensure that your website is welcoming and easy to use for everyone.

Not only does improving web accessibility help you reach a wider audience, but it also protects your business from legal risks and ensures compliance with WCAG and ADA standards. Taking the time to implement these changes now will pay off during the holiday rush and beyond.

If you’re unsure about the accessibility of your site, reach out to 216digital using the contact form below for a free evaluation.
Bobby

October 21, 2024

How-to Guides, Legal Compliance

holiday promotions, How-to, web development, Website Accessibility
Retail Accessibility: Avoiding Common Pitfalls
The internet is overflowing with retail opportunities, but one crucial element often gets overlooked: accessibility. For online retailers, making your website accessible isn’t just about complying with legal requirements—it’s about expanding your customer base and delivering a better shopping experience for everyone. So, how can you ensure your online store is open to all shoppers and avoid common accessibility pitfalls? Let’s dive into the essentials.

Why Accessibility Matters for Online Retailers

Web accessibility means making sure everyone, including people with disabilities, can easily use and navigate your site. In the world., about 15% of the population lives with some form of disability. By ensuring your website is accessible, you’re tapping into a market with immense buying power—people with disabilities control over $6 trillion in spending globally!

But beyond opening your business to a broader audience, accessibility is also about staying compliant with laws like the Americans with Disabilities Act (ADA). In 2023, 82% of ADA lawsuits were related to web accessibility issues in the retail industry, affecting both large and small businesses alike. If your website isn’t accessible, you’re not just missing out on customers—you could also be facing legal risks.

The Web Accessibility Guidelines

The Web Content Accessibility Guidelines (WCAG) are the foundation for creating an accessible website. These guidelines revolve around four main principles, often referred to as POUR:
- Perceivable: Content must be presented in a way that all users can perceive, whether visually or audibly.
- Operable: Your site should be fully navigable, whether users are using a mouse, keyboard, or assistive technologies.
- Understandable: Your content should be easy to comprehend and navigate.
- Robust: Your website should work well with a variety of assistive tools, like screen readers.
For retailers, aiming for WCAG 2.1 Level AA compliance is a great starting point, and it’s the level referenced by most legal frameworks for web accessibility.

Steps for Online Retailers to Improve Accessibility Right Now

Improving your website’s accessibility might sound like a big task, but it’s more manageable than you think. Here are some quick and effective steps to make your site web accessible:

Auditing Retail Sites for Accessibility Issues

The first step is knowing where your site stands. Start with automated tools like Lighthouse or WAVE to flag common issues, such as missing image descriptions or poor color contrast. Then, dive deeper with manual testing, working with accessibility experts to uncover more subtle barriers, like challenges with forms or navigation.

Make Visual Content Accessible

People with visual impairments rely on alt text to understand images, so be sure to include detailed alt descriptions for all meaningful visuals. For example, instead of a vague description like “product,” use something more specific like “Blue ceramic coffee mug with a handle.” This simple change helps users with screen readers understand what’s being shown.

Don’t forget about video content! WCAG guidelines require captions for pre-recorded audio in videos. Ensure that auto-generated captions, like those from YouTube, are accurate, and provide transcripts for podcasts to make all media accessible.
```
<img src="coffee-mug.jpg" alt="Blue ceramic coffee mug with a handle">
<video controls>
  <track kind="captions" src="captions_en.vtt" srclang="en" label="English">
</video>
```
Optimize Website Navigation and Structure

Some users navigate your site without a mouse, relying solely on their keyboard. Make sure your site can be fully navigated using just a keyboard, with elements like menus, buttons, and forms accessible through “tab” key navigation. Also, ensure every interactive element has a visible focus indicator, like a border around buttons or links, so users can easily see where they are on the page.
```
button:focus, a:focus {
  outline: 2px solid #ffcc00; /* Provides a visible focus indicator */
}
```
Improve Form Accessibility

Checkout forms can be a stumbling block for accessibility, especially if they aren’t screen reader-friendly. Make sure all form fields have clear labels and that error messages don’t rely solely on color. For example, instead of just using a red outline to indicate a required field, include a text message like “This field is required” to make the error clear for all users.
```
<form>
  <label for="email">Email:</label>
  <input type="email" id="email" name="email" required>
  <span class="error" role="alert">This field is required</span>
</form>
```
The Retail Shopping and Checkout Process

Imagine trying to check out but not knowing where you are in the process—frustrating, right? Break your checkout process into clear, labeled steps and ensure it’s compatible with assistive technologies. Also, consider adding alternative payment methods like PayPal, Google Pay, or Apple Pay to improve usability for all customers.

To meet WCAG SC 2.4.4 standards, you can use visual breadcrumbs or progress indicators to let users know where they are in the checkout process.
```
<nav aria-label="Breadcrumb">
  <ol>
    <li><a href="/cart">Cart</a></li>
    <li><a href="/shipping">Shipping</a></li>
    <li aria-current="page">Payment</li>
  </ol>
</nav>
```
Implement ARIA Landmarks and Roles

ARIA (Accessible Rich Internet Applications) landmarks and roles help assistive technologies identify key sections of your page. For instance, wrapping your site’s header in a role="banner" helps screen readers identify it as the main header, making it easier for users to navigate through your site.
```
<header role="banner">
  <nav role="navigation">
    <ul>
      <li><a href="/home">Home</a></li>
      <li><a href="/products">Products</a></li>
    </ul>
  </nav>
</header>
```
Testing and Ongoing Monitoring for Retailers

Web accessibility isn’t a one-time fix—it’s an ongoing process. Retail websites are constantly changing. Regular testing and monitoring are essential to ensuring that those updates or changes to your site don’t introduce new accessibility barriers. Tools like 216digital’s a11y.Radar can help you stay on top of accessibility issues with automated scans and detailed reports, making it easier to maintain a compliant and user-friendly website as new content is added.

Partnering with Accessibility Experts

If all of this sounds overwhelming, you don’t have to go it alone. Partnering with accessibility experts can fast-track your progress. Whether you need a thorough audit, code remediation, or ongoing support, companies like 216digital specialize in helping retail sites meet web accessibility standards. They can ensure your site is not only compliant but also delivers a seamless, enjoyable shopping experience for all users.

Accessibility Overlays: A Quick Fix or a Long-Term Solution?

You might have heard about accessibility overlays—tools that promise a quick fix for all your accessibility needs. While these overlays might sound tempting, they often fall short. Overlays can miss deeper, underlying issues with your website’s code and design, leaving you vulnerable to ADA lawsuits. In fact, 933 companies were sued last year after installing overlay solutions and many accessibility experts caution against relying on them as a long-term solution.

Instead, focus on making meaningful changes to your website’s design and functionality. Overlays might be a temporary patch, but they shouldn’t replace a full accessibility strategy.

Check Accessibility Off Your Shopping List

By making your website accessible, you’ll not only increase your customer base but also create a better shopping experience for everyone. Accessibility is a journey, and it’s one worth taking. Follow the steps outlined above, test your site regularly, and don’t hesitate to partner with experts to ensure your site stays compliant and user-friendly.

To help you get started on the right path, consider scheduling an ADA briefing with 216digital. Our team of experts can walk you through the latest accessibility guidelines, provide actionable insights, and show you how to ensure your site complies with ADA standards.

Online shopping should be for everyone, so let’s make it happen together!
Greg McNeil

October 16, 2024

How-to Guides, Legal Compliance, WCAG Compliance

Accessibility, ADA Compliance, ADA Website Compliance, ecommerce website, Retail, WCAG
Why ‘Click Here’ Hurts Your Website’s Accessibility
If you’ve spent any time browsing the web, you’ve probably come across links like “click here” or “read more.” While these phrases seem simple enough, they can actually be confusing or even frustrating—especially for people using screen readers to navigate a site. That’s where descriptive link text comes in. It’s essential for making websites more accessible to everyone, including those with disabilities. So, let’s dive into why using meaningful link text is so important and how you can write it to improve both web accessibility and overall user experience.

What is Descriptive Link Text?

Descriptive link text is just what it sounds like—clickable text that clearly explains what the link is for. Instead of generic phrases like “click here” or “read more,” a good descriptive link gives enough context so users know exactly where the link will take them. This is a win for all users but especially important for people with disabilities who rely on screen readers to navigate the web.

Imagine trying to navigate a website where every link says “click here.” For someone using a screen reader, that’s a frustrating experience because they have no clue where any of those links will lead. Descriptive link text fixes that by making sure all users, no matter how they access the web, have a clear, easy-to-understand experience.

Why “Click Here” and “Read More” Are Problematic

Using generic phrases like “click here” or “read more” might seem harmless, but they can actually create confusion. When someone using a screen reader encounters a page full of links that all say “click here,” they’re left with no context about where the links go or what they do. It’s like being handed a bunch of blank signposts with no labels.

Let’s take a look at an example:
- Bad Link: Click here to read more.
- Better Link: Learn more about our services.
In the second example, the user knows exactly what they’re clicking on, which makes the experience more apparent and more helpful, especially for people using screen readers.

Empty Links and Their Impact on Accessibility

Another issue when it comes to web accessibility is empty links. An empty link is one that has no text or meaningful content for a screen reader to announce. For people using screen readers, these links are useless—they navigate to them but get no information about what they do. And for those using keyboard navigation, empty links can be frustrating roadblocks.

To avoid this, always make sure your links contain text, or if you’re using an image as a link, ensure there’s alternative text (alt text) that clearly describes what the link does.

How Descriptive Link Text Boosts Accessibility

One of the best things about the web is its potential to be accessible to everyone. But if we don’t put some thought into how we design and label things like links, we end up excluding a lot of people. Descriptive link text makes websites more accessible and improves the overall user experience in a few key ways:
- Clarity for Screen Reader Users: Screen readers read links out loud. If the link text is too vague, it isn’t very clear. Descriptive text helps users know exactly what to expect before they click.
- Better Navigation: Clear, simple language helps everyone, especially users with cognitive disabilities or learning differences, by reducing the mental effort needed to figure out what a link does.
- Faster Browsing: Descriptive links let users quickly scan a page and understand where each link will take them. This makes it easier for everyone to find what they’re looking for without guessing.
WCAG Guidelines for Descriptive Links

The Web Content Accessibility Guidelines (WCAG) provide a set of best practices for making the web usable by everyone. According to WCAG SC 2.4.4 Link Purpose, each link should make its purpose clear, either from the link text itself or from its surrounding context.

Here are a few essential tips from WCAG on how to write compelling link text:
- Be Concise and Relevant: Your link text should be short but informative. Don’t go overboard, but include enough detail so users know where they’re headed.
  - Example: Instead of “click here for more,” try “Learn more about accessible landmarks.“
- Skip the Redundancies: You don’t need to add words like “link” or “website” to your link text. Screen readers already announce that it’s a link, so saying “click here to visit the website” is unnecessary. Just say, “Visit our website.“
- Avoid Empty Links: Every link should have meaningful content. Empty links are confusing and serve no functional purpose for users navigating with keyboards or screen readers.
Examples of Effective and Ineffective Link Text
- Ineffective Link Text:
  - Click here
  - Read more
  - Learn more
  - Here
- Effective Link Text:
  - Download the 2024 Annual Report
  - Explore our upcoming events.
  - Read more about creating accessible web links.
In these examples, the goal is to make it crystal clear where the link will take the user, leaving no room for confusion.

Best Practices for Writing Descriptive Link Text
- Think About Context: Consider what the user needs to know about the link’s destination. This is especially important for screen reader users who may jump between links without reading the surrounding text. Make sure the link text alone provides enough information.
- Keep It Short and Sweet: Your link text should be informative but not too long. For example, “Contact Us for Support” is much clearer than “Click here if you need to get in touch with our support team.“
- Use Natural Phrasing: Don’t feel like you always need to add a “click here” to your sentence. Sometimes, the best link text is already part of your content. For instance, instead of “click here to learn more about our programs,” use the “learn more about our programs” link.
- Avoid URLs as Links: Long URLs are difficult for screen readers to interpret, especially if they contain numbers and special characters. Instead of linking a URL directly, use descriptive text like “Visit 216digital’s a11y.Radar Monitoring Page.”
- Alt Text for Image Links: If an image serves as a link, make sure the alt text conveys the purpose of the link. For example, if a shopping cart icon leads to the cart page, use alt text like “View Cart” rather than just “Cart.”
Linking It All Together

Incorporating descriptive link text is a small change that can have a significant impact on your website’s web accessibility. By ditching generic phrases, using clear and concise language, and following WCAG guidelines, you’ll make your site more navigable for everyone—especially users who rely on screen readers.

Creating an inclusive web experience doesn’t have to be complicated, but it does take attention to detail. If you’re unsure whether your website’s accessibility measures, including your link text, are up to standard, it might be time to seek expert advice. At 216digital, we offer ADA briefings that help you identify areas for improvement and ensure your site meets accessibility requirements.

Take the next step towards a more accessible web presence and schedule a complimentary ADA briefing with 216digital today. We’re here to guide you through the process and help you create a site that’s welcoming and usable for everyone.
Greg McNeil

October 14, 2024

How-to Guides, Legal Compliance, WCAG Compliance

Accessibility, Alt text, descriptive link text, WCAG, WCAG Compliance, Web Accessibility
Digital Accessibility Lawsuit Targets Contractors
The recent case of Bryan Bashin vs. ReserveCalifornia.com has opened the door to a new type of accessibility lawsuit. It’s not just website owners being held accountable—government contractors who build and maintain websites are now in the spotlight too.

This case is important for developers, designers, and accessibility experts working on government websites, as it sets a strong example of what can happen when accessibility isn’t prioritized. More importantly, it serves as a wake-up call for businesses and contractors alike to understand that accessibility is not just an option but a legal necessity. Failure to comply with accessibility standards could result in costly lawsuits and reputational damage.

In today’s digital world, ensuring that everyone, including people with disabilities, can use your website is not just good practice—it’s the law.

Case Overview: A New Direction

Bryan Bashin, who is visually impaired, sued ReserveCalifornia.com, claiming the site was inaccessible to people with disabilities. This violated both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. What made this case different? Bashin didn’t go after the website owner, California State Parks—he targeted the contractors who created and managed the site.

ReserveCalifornia.com is a key website for booking campsites and other outdoor activities in state parks. Because it wasn’t fully accessible, users who depend on assistive technologies, like screen readers, had trouble navigating it. By focusing on the developers, Bashin’s lawsuit sends a clear message: if you’re responsible for public websites, you must meet digital accessibility standards—or you could face legal action.

The Laws: Unruh Act and ADA Title II

This case relies on two important laws: California’s Unruh Civil Rights Act and the updated ADA Title II rules for government websites.
- Unruh Act: This California law allows people with disabilities to sue organizations that don’t make their services accessible. Bashin used this law to seek damages, which gave him additional legal options beyond the federal ADA.
- ADA Title II: This part of the ADA focuses on making sure government services, programs, and activities—including websites—are accessible. Recent updates have strengthened these rules, making it clear that public websites must meet accessibility standards. Bashin’s lawsuit shows how these laws are evolving, putting contractors in the spotlight.
What It Means for Web Developers: Widespread Impacts

While this lawsuit happened in California, its effects could reach across the country. The Unruh Act may be specific to California, but ADA Title II applies nationwide. Developers working on public sector projects need to understand that ignoring accessibility could lead to serious risks, especially as more governments crack down on non-compliance.

Developers and contractors are expected to follow the Web Content Accessibility Guidelines (WCAG), the international standard for digital accessibility. Not meeting these standards puts them at risk of lawsuits like Bashin’s, and the $2 million settlement in this case shows that courts are willing to hold developers accountable.

What is the WCAG?

WCAG is the go-to guide for making websites accessible to people with disabilities, such as those who are blind, deaf, or have cognitive challenges. It focuses on making content:
- Perceivable: Users must be able to experience content, whether through text, images, or other formats like captions.
- Operable: Users should be able to navigate the site with different tools like a mouse, keyboard, or voice commands.
- Understandable: The site’s information and operations should be clear and easy to use.
- Robust: The site should work with current and future assistive technologies.
For developers, following WCAG not only ensures legal compliance but also opens websites to a wider audience and improves overall user experience.

Why WCAG Matters

You might ask yourself, “Why should I care about WCAG compliance?” First and foremost, it helps make your website accessible to a wider audience. If your site isn’t usable for people with disabilities, you could be missing out on potential customers. In a digital age where online shopping and information-seeking are essential, excluding anyone based on accessibility is not just unfair—it’s bad for business.

Moreover, the Bashin case shows that failing to meet accessibility standards can lead to legal consequences. As more digital accessibility lawsuits arise, companies that don’t prioritize compliance could face significant financial penalties. By adhering to WCAG guidelines, you protect yourself from legal issues and show that you care about your users.

Best Practices for Developers and Digital Accessibility Experts

Bashin’s case is a reminder that developers and consultants must make digital accessibility a priority from the start. It’s no longer enough to just create a good-looking or functional website—it has to work for everyone, including people with disabilities.

Here’s what developers and business owners should focus on:
- WCAG Knowledge: Work with developers who understand WCAG standards and have experience making accessible sites.
- 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.
- Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about digital accessibility.
- Ongoing Monitoring: Accessibility isn’t a one-time job. Websites need regular testing to stay compliant. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
- Stay Informed and Up-to-Date: Digital accessibility standards and regulations change over time. Make any necessary updates to your website to remain compliant.
The Bigger Picture: Nationwide Repercussions

The Bryan Bashin vs. ReserveCalifornia.com case is a strong reminder for developers everywhere: accessibility is no longer optional. By holding government contractors accountable for digital accessibility violations, this case sets a powerful precedent. Developers and accessibility experts must be proactive and make sure all public-facing websites—especially those for government services—comply with WCAG and other accessibility standards. The future of digital accessibility enforcement is here, and developers need to stay ahead to avoid costly legal risks.

To avoid the risks of costly legal action and make sure your website is accessible to everyone, now is the time to act. Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your site is at risk of a lawsuit and provide fast, effective ADA compliance solutions so you can focus on what matters most: running your business.
Greg McNeil

October 10, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Bryan Bashin vs. ReserveCalifornia.com, Unruh Civil Rights Act, web developers
Web Accessibility Overlays: A False Sense of Security
As a website owner, you likely recognize the growing need to make your site accessible to everyone, including individuals with disabilities. With increased emphasis on ADA compliance, you may have encountered web accessibility overlays—automated tools that offer quick-fix solutions.

While they might seem like a convenient solution, these overlays can create significant pitfalls that could leave you vulnerable to legal risks and fail to provide true accessibility.

In this article, we’ll explore why relying on overlays could lead to a false sense of security and why a more comprehensive approach to addressing web accessibility is critical.

What Are Web Accessibility Overlays?

Overlays are software solutions that scan websites for barriers and apply superficial fixes with minimal user involvement. Their promise is simple: They claim to help your site meet Web Content Accessibility Guidelines (WCAG) and ADA standards, making your content more accessible.

At first glance, overlays seem appealing, with features like adjustable text sizes and color contrast options. However, they fail to deliver a truly inclusive online experience. While some surface level issues can be address, deeper accessibility barriers are frequently ignored or mishandled.

The Illusion of ADA Compliance

The biggest misconceptions surrounding web accessibility overlays is that they will guarantee ADA compliance. The harsh reality is that ADA compliance is multifaceted and cannot be achieved through automated fixes alone.

True web accessibility goes far beyond superficial adjustments. It requires a detailed understanding of the diverse barriers people with disabilities face when interacting with digital content. Overlays, which only focus on cosmetic changes, leave significant gaps in compliance, neglecting critical components of accessibility. Unfortunately, this gives many website owners the false impression that their sites are fully compliant when, in fact, they still fall short in several critical areas.

Automated Fixes Miss Critical Issues

While overlays can identify some common accessibility problems, they rely too heavily on automation, often leading to overlooking essential elements.

Here are some areas where they typically fall short:
- Semantic HTML: Using HTML elements correctly ensures that people using screen readers and other assistive technologies can understand your website’s content. Overlays cannot address issues like improper heading structures or missing ARIA labels.
- Alt Text for Images: Descriptive alt text provides essential context for visually impaired users. Automated tools can only see that they are missing. They cannot interpret the meaning or purpose of the image to generate meaningful descriptions.
- Keyboard Navigation: Many users are unable to use a mouse, requiring them to navigate a website through the use of a keyboard. To make a website accessible through keyboard navigations corrections must be made on a code level. As discussed above, overlays can only make superficial changes, and cannot make changes directly to the code.
By relying on these automated solutions, you may inadvertently overlook crucial aspects of web accessibility, leaving your site vulnerable to an ADA lawsuit.

The False Sense of Security

The use of web accessibility overlays can foster complacency, leading to a false sense of security. The mere presence of an overlay might make you believe your site is fully accessible, yet significant barriers may still be lurking beneath the surface.

This illusion is particularly dangerous. If your overlay doesn’t meet full accessibility standards, your website remains non-compliant with the ADA and other state regulations. As a result, businesses that thought they were protecting themselves with an overlay can find themselves in court, dealing with expensive settlements and lasting damage to their reputation.

In fact, 20% of all accessibility-related lawsuits this year targeted websites using these so-called “accessibility solutions,” and that number continues to grow. Relying solely on overlays not only fails to address critical accessibility issues but also opens the door to legal risks.

True web accessibility is not a one-time fix; it requires ongoing attention, regular audits, and user feedback. Overlays might provide a band-aid solution, but they can prevent you from developing a genuine commitment to accessibility, which is vital for both compliance and user experience.

A Human-Centered Approach to Web Accessibility

To meet the needs of all users and ensure ADA compliance, businesses must adopt a comprehensive, human-centered approach to web accessibility. Here are a few critical steps to achieving this:
- Understand Web Accessibility Guidelines: WCAG is 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.
- 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.
- Engage with Users: Real feedback from individuals with disabilities is invaluable. Understanding their experiences navigating your site will provide critical insights for meaningful improvements.
- Train Your Team: Train your staff, especially those involved in website management and content creation, about web accessibility principles and best practices. This knowledge is essential to maintaining an accessible online experience over time.
- Ongoing Monitoring: Compliance is not a one-time task. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
By prioritizing a human-centered approach, you can create an online environment that truly serves all users rather than settling for a quick-fix solution that only gives the illusion of compliance.

216digital’s Approach to Web Accessibility

At 216digital, we understand that genuine web accessibility requires more than just automated tools. Our comprehensive, human-centered approach goes beyond quick fixes to provide long-lasting solutions that focus on risk mitigation and compliance with WCAG 2.1/2.2 AA standards.

Through a11y.Radar, we offer ongoing monitoring, ensuring your website remains compliant and accessible to all users. By emphasizing thorough auditing and remediation services, we help businesses not only meet legal requirements but also tap into the underserved market of individuals with disabilities.

Our approach is built around long-term accessibility, protecting your business from potential lawsuits and positioning you to serve a broader, more inclusive audience better.

Conclusion

Web accessibility overlays may seem like an easy answer, but they often fall short of delivering the accessibility experience your users need and the compliance your business requires. Relying solely on these tools could leave your website open to legal risks and frustrate users with disabilities who still encounter barriers on your site.

At 216digital, we’re here to help you navigate the complexities of ADA compliance with a human-centered approach. Schedule an ADA briefing with our team today to ensure your website is fully accessible, compliant, and welcoming to every visitor. Don’t settle for quick fixes—invest in meaningful accessibility that makes a real difference.
Greg McNeil

October 8, 2024

Legal Compliance, WCAG Compliance

ADA Compliance, ADA Lawsuit, Overlay widgets, Overlays, Web Accessibility

ADA’s Original Purpose: Accessibility for All

The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

High-Profile Examples and “Drive-By” Suits

The Disproportionate Impact on Small Businesses

Are ADA Lawsuits Leading to Real Accessibility Improvements?

How to Protect Yourself from Frivolous ADA Lawsuits

Conduct Regular Accessibility Audits

Follow WCAG Guidelines

Partner with Accessibility Experts

Stay Informed on Legal Trends

Maintain Documentation and Accessibility Policies

Moving Toward Meaningful Change in Web Accessibility

A Call for a Balanced Approach

What is ADA Compliance?

Can a Website Be 100% ADA-Compliant?

Accessibility Standards vs. Ongoing Compliance

False Claims by Agencies

What to Look For in an Agency

Setting Realistic Expectations

Secure Lasting Accessibility with 216digital

Why ADA Compliance Matters

Legal Implications

Expanding Your Audience

Understanding Web Accessibility Standards

Key Principles of WCAG

Common Barriers to Web Accessibility

Images Without Alt Text

Poor Color Contrast

Inaccessible Forms

Lack of Keyboard Navigation

Testing Your Website for Accessibility

Manual Checks

Automated Tools

User Testing with Assistive Technologies

Practical Steps to Improve Accessibility

Conclusion

Why Start Accessibility Planning from the Beginning?

Avoid Costly Retrofits

Enhance User Experience for All

Stay Compliant and Avoid Legal Issues

How to Integrate Accessibility into Each Stage of Development

Design with Accessibility in Mind

Color Contrast and Readability

Intuitive Layout and Navigation

Descriptive Text for Buttons and Links

Use the Right HTML Tags

Proper HTML Markup

Descriptive Alt Text for Images

ARIA Attributes

Test for Accessibility as You Go

Automated Accessibility Tools

Manual Testing and Keyboard Navigation

Screen Reader Testing

Get Feedback from Users with Disabilities

Plan for Inclusive Testing

Iterate Based on Feedback

Regularly Check Your Site

Building a Culture of Accessibility

Educate and Train Your Team

Keep Accessibility Resources Available

Regularly Review and Share Accessibility Wins

Helpful Tools for Accessibility

Ready to Make Accessibility Part of Your Game Plan?

Why Web Accessibility Matters

How the ADA Applies to the Digital World

Key Lawsuits Driving Change

Robles v. Domino’s Pizza (2019)

Winn-Dixie Stores Inc. v. Gil (2017)

Bashin v. ReserveCalifornia.com (2023)

Evolving Legal Requirements for Web Accessibility

How Businesses Are Adapting

Investing in Training and Resources

Conducting Accessibility Audits

Integrating Accessibility Features from the Start

Engaging with the Community

Long-Term Implications for the Future of the Internet

Increased Awareness of Inclusivity

Legal Precedents Will Shape Standards

Technological Advancements

A Culture of Accessibility