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  • 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

  • The Hidden Accessibility Barriers in Popular Plugins

    Plugins offer an easy way for blogs or e-commerce websites to add helpful functionality like newsletter signups, product filters, or bundles to their website without paying costly development fees. But while these popular plugins promise seamless user experiences, many hide serious accessibility barriers that can exclude people with disabilities from entirely using your site.

    Even if you follow accessibility guidelines and best practices throughout your site, plugin vendors may not do the same, which causes your website to become non-conformant despite your excellent work. Understanding how plugins can impact web accessibility is essential to maintaining an accessible website, even if you install them to accomplish simple tasks.

    Let’s explore the common accessibility pitfalls of plugins and what you can do to avoid introducing accessibility errors on your website when utilizing them.

    What Are Plugins, and Why Do They Matter for Accessibility?

    Plugins are pre-built software modules you can add to your website to perform specific tasks. Whether improving SEO, adding an image slider, or embedding a social media feed, plugins extend your website’s features without needing custom development.

    However, plugins don’t always come with accessibility in mind. Many developers focus on functionality and design, overlooking essential elements that make their plugins usable for all, especially people with disabilities who use assistive technology.

    Plugins become a problem when they introduce barriers that prevent users from navigating or interacting with your site. Even if the rest of your website is built according to accessibility standards, a plugin can break that accessibility with one update or feature.

    Common Accessibility Barriers in Popular Plugins

    So, what does an inaccessible plugin look like? These issues can be subtle and not immediately apparent to someone without accessibility experience. Here are a few common barriers often found in popular plugins:

    1. Poor Keyboard Navigation

    Many users with mobility impairments or visual disabilities rely on a keyboard to navigate a website. A plugin that lacks proper keyboard navigation can make it impossible for these users to interact with your site. For example, sliders, pop-up forms, or dropdown menus in some plugins may trap keyboard users, preventing them from moving between page elements using the Tab key.

    One primary culprit is the “tabindex” attribute, which allows developers to control the order in which interactive elements are focused. Some plugins misuse this attribute, causing the focus to jump around illogically, making navigation difficult or impossible.

    2. Lack of ARIA Landmarks and Roles

    ARIA (Accessible Rich Internet Applications) roles and landmarks are essential for users who navigate using screen readers. These assistive technologies rely on ARIA to communicate the structure and purpose of elements on the page. When plugins don’t correctly implement ARIA roles—such as mislabeling buttons or failing to designate headings—it becomes harder for users to understand the content.

    For instance, a popular image gallery plugin may not correctly assign ARIA roles to buttons for navigating between photos. To a screen reader user, those buttons may be entirely invisible, making the gallery feature inaccessible.

    3. Inconsistent Focus Indicators

    Focus indicators are visual cues that help users see which element on the page is currently selected, such as a glowing outline around a button. These indicators are crucial for keyboard users, but many plugins either remove or don’t include focus indicators at all, leaving users stranded without knowing where they are on the page.

    A typical example is sliders that fail to highlight which slide is active or forms where the submit button doesn’t show any visual indication of focus.

    4. Non-Semantic HTML and Improper Heading Structure

    Semantic HTML, which uses elements like <nav>, <article>, and proper headings (<h1>, <h2>), helps assistive technologies interpret content. Unfortunately, some plugins rely on non-semantic HTML—like using <div> or <span> elements for interactive content or headings—which screen readers may not understand as intended.

    For example, a form plugin that uses <div> for form fields instead of <label> elements makes it difficult for screen readers to identify the label of each field, leading to confusion for the user.

    5. Missing or Incorrect Alt Text

    Images used in plugins, especially image-heavy ones like sliders or galleries, often lack alternative text. Alt text is essential for visually impaired users who rely on screen readers to describe the content of images. Without it, users are left in the dark about the purpose of the images in the plugin.

    Some plugins automatically generate alt text, but they may do so incorrectly—using file names or generic labels like “image123,” which provide no meaningful information to users.

    WCAG Guidelines: How Plugins Often Fall Short

    The Web Content Accessibility Guidelines (WCAG) are the gold standard when it comes to web accessibility, but many plugins fail to meet these guidelines. Here’s how:

    Perceivable

    Plugins often fail to provide text alternatives for non-text content, like images and icons. This makes it impossible for screen readers to convey the content to users who are blind or have low vision.

    Operable

    As mentioned, poor keyboard navigation is a major issue with plugins. Any plugin that doesn’t allow users to operate all of its functions via keyboard alone falls short of this WCAG principle.

    Understandable

    Plugins that misuse ARIA roles or use non-semantic HTML can create confusion for users of assistive technology, making the content harder to understand.

    Robust

    Many plugins don’t integrate well with assistive technologies. A plugin that only works in one browser or on certain screen readers is not robust enough to be considered accessible.

    How to Handle Inaccessible Plugins

    So, what should you do if you suspect that a plugin on your site is inaccessible? Here are a few practical tips:

    1. Evaluate the Plugin for Accessibility Barriers

    First, you’ll want to check to see if the plugin vendor has any posted policies or guidance regarding web accessibility. After that, you can install the plugin in a test environment and use standard evaluation tools such as WAVE or Google Lighthouse to determine if any issues appear.

    2. Consider Replacing the Plugin with an Accessible Alternative

    If you find that a plugin is inaccessible, consider replacing it with a more accessible competitor. For example, there are many form, slider, and gallery plugins designed with accessibility in mind. These often prioritize compliance with WCAG guidelines, making it easier for your site to remain accessible.

    3. Reach Out to Plugin Developers

    If you’re committed to a specific plugin that has accessibility issues, don’t hesitate to reach out to the developer. Politely inform them of the barriers their plugin creates and ask if they have plans to address accessibility in future updates. Many developers are open to feedback and may not be aware of the issues until they are brought to their attention.

    4. Use ARIA Landmarks and Roles to Improve Plugin Accessibility

    If you have some technical knowledge, you can manually add ARIA roles or improve the HTML structure of the plugin elements. While this is a more advanced solution, it can be effective in making a plugin more accessible.

    5. Test Regularly with Accessibility Tools

    Tools like WAVE or Lighthouse can help you assess the accessibility of your entire site, including any plugins you’ve added. Regular testing can ensure that your site remains accessible as plugins update and evolve over time.

    Plugins Are Powerful—But Watch Out for Hidden Barriers

    Plugins are a fantastic way to improve your website’s functionality, but they can also introduce hidden accessibility barriers if you’re not careful. As a website owner or developer, it’s your responsibility to ensure that every part of your site, including third-party plugins, is accessible to all users.

    By being proactive—whether through testing, replacing, or communicating with developers—you can avoid the common pitfalls of inaccessible plugins and keep your site welcoming and functional for everyone. Remember, it’s not just about compliance; it’s about creating an inclusive experience that ensures all users can access and interact with your content.

    So, next time you’re about to install that flashy new plugin, pause for a second and ask yourself: Is this accessible?

    Ready to get started? Schedule a personalized ADA briefing with 216digital and get expert guidance tailored to your needs.

    Greg McNeil

    October 7, 2024
    How-to Guides, Legal Compliance
    ADA Compliance, plugins, Web Accessibility, web development, website plugins

  • ADA Compliance vs Web Accessibility: What is the Difference

    As more businesses move online, understanding web accessibility and ADA compliance becomes crucial. These terms are often used interchangeably but represent different aspects of making a website user-friendly for everyone, including individuals with disabilities. Knowing the distinction between web accessibility and ADA compliance can help protect your business from lawsuits while ensuring your site provides an inclusive experience.

    In this article, we’ll examine the definitions of web accessibility and ADA compliance, explore their differences, discuss the legal risks associated with non-compliance, and explain how businesses can proactively address accessibility issues using services like 216digital’s Phase 1 remediation.

    What is Web Accessibility?

    Web accessibility involves designing and developing websites, tools, and technologies to ensure they are usable by people with a wide range of abilities and disabilities. This includes individuals who have visual, auditory, physical, speech, cognitive, or neurological disabilities. The goal of web accessibility is to ensure that everyone, regardless of their disability, can perceive, understand, navigate, and interact with the web.

    Web Content Accessibility Guidelines (WCAG)

    The primary standard for web accessibility is the Web Content Accessibility Guidelines (WCAG), created by the World Wide Web Consortium (W3C). The latest version, WCAG 2.1, provides a comprehensive set of guidelines aimed at making web content accessible. These guidelines are organized around four core principles, commonly known as POUR:

    • Perceivable: Information and user interface components must be presented in ways that all users can perceive.
    • Operable: User interface components and navigation must be operable for everyone, including those using assistive technologies like screen readers.
    • Understandable: Information and the operation of the user interface must be understandable.
    • Robust: Content must be strong enough to work with a wide range of technologies, including those used by people with disabilities.

    While WCAG provides the framework for web accessibility, compliance with it is generally voluntary unless law or legal action requires otherwise.

    What is ADA Compliance?

    ADA compliance refers to meeting the requirements set forth by the Americans with Disabilities Act (ADA), which was enacted in 1990. The ADA mandates that businesses, public services, and other organizations provide equal access to individuals with disabilities. Although the ADA was passed before the internet became mainstream, courts have increasingly ruled that websites are considered public accommodation places, meaning they must be accessible to people with disabilities.

    ADA compliance, specifically in the context of websites, refers to whether your site meets the legal requirements of the ADA as interpreted by courts and the Department of Justice (DOJ). No official legal mandate states that WCAG 2.1 must be followed to achieve ADA compliance, but it is widely accepted that adhering to WCAG is the best way to meet ADA requirements.

    How Does It Differ From Web Accessibility?

    • Web accessibility is the broader concept of ensuring that people of all abilities can use websites.
    • ADA compliance is a legal requirement for businesses in the U.S. to provide equal access to individuals with disabilities, which includes making websites accessible.

    Web accessibility is a best practice, while ADA compliance is a legal standard. Following web accessibility guidelines, like WCAG 2.1, helps businesses meet the requirements of ADA compliance, but the two terms are not identical.

    Is It Possible to Achieve and Maintain Full WCAG 2.1 Compliance?

    Yes, but it’s not always easy, especially for bigger, more complex websites. WCAG 2.1 covers a lot of areas—like how text shows up, how media is handled, how forms work, and more. As technology and user needs evolve, keeping up with compliance is an ongoing effort. Regular testing, monitoring, and updates are needed to ensure the site meets the latest accessibility standards.

    If you’re worried about protecting yourself from ADA lawsuits, aiming for full WCAG 2.1 compliance is a smart move. It can help reduce your legal risks, but it is only legally required in some cases. Courts have ruled in favor of plaintiffs in ADA lawsuits when websites were not accessible, even if they didn’t meet every single WCAG criterion.

    Does Your Website Need to Be Fully Web Accessible to Protect Your Business?

    To protect your business from ADA compliance lawsuits, it’s crucial to address the most common accessibility barriers, even if full WCAG 2.1 compliance is not achieved. Many companies focus on making the most essential parts of their website accessible, such as navigation, forms, and checkout processes. This approach can reduce the risk of a lawsuit while allowing businesses to improve their site’s accessibility gradually.

    It’s also worth noting that courts have yet to require businesses to meet every WCAG 2.1 guideline to comply with the ADA. However, companies that demonstrate they are actively working to make their sites more accessible—by following best practices and improving critical accessibility issues—are generally better positioned to defend against lawsuits.

    The Risk of ADA Compliance Lawsuits

    ADA compliance lawsuits have skyrocketed in recent years, especially against businesses with inaccessible websites. These lawsuits can be costly, both in terms of financial settlements and reputational damage. Predatory law firms have begun targeting businesses—tiny and mid-sized companies—that have websites with accessibility issues. These firms often file “copycat” lawsuits, sometimes targeting hundreds of companies with nearly identical complaints.

    The financial risk is real. Businesses are often forced to settle the lawsuit or pay legal fees, which can run into tens or even hundreds of thousands of dollars. In addition, businesses may also have to invest in website remediation services to fix accessibility issues.

    How Predatory Law Firms Target Websites

    Predatory law firms often conduct automated scans of websites to identify accessibility violations, such as missing alt text, poor contrast ratios, or non-functional navigation for keyboard-only users. Once they identify these issues, they send demand letters or file lawsuits, typically hoping that the business will settle quickly to avoid costly litigation.

    Unfortunately, even well-meaning businesses that are working on improving accessibility can be targeted. This is why it’s essential to address website accessibility proactively rather than waiting for a lawsuit to happen.

    Is Full WCAG 2.1 Compliance Required to Mitigate Lawsuits?

    While full WCAG 2.1 compliance is not explicitly required to avoid lawsuits, businesses should aim to make their websites as accessible as possible. The more barriers that are removed, the less likely it is that a website will be the target of a lawsuit.

    In most cases, addressing key accessibility issues—such as ensuring all images have alt text, providing video captions, and making the site navigable by keyboard—will significantly reduce the risk of a lawsuit.

    Protect Your Business with 216digital

    To help businesses avoid the pitfalls of non-compliance, 216digital offers Phase 1 remediation services designed to address the most critical accessibility issues quickly. These services focus on mitigating the risk of ADA lawsuits by resolving common accessibility barriers that predatory law firms often target. By implementing these initial fixes, businesses can start protecting themselves while working toward broader web accessibility goals.

    In addition to Phase 1 remediation, 216digital offers ongoing monitoring and testing services to ensure your site remains accessible over time. With a proactive approach, businesses can avoid costly lawsuits and provide a better user experience for all visitors.

    Ready to Make Your Website ADA Compliant?

    As the digital landscape continues to evolve, ensuring your website is both accessible and ADA-compliant is more important than ever. While full WCAG 2.1 compliance may not always be required, addressing key accessibility issues can significantly reduce your risk of lawsuits and enhance the user experience for all visitors.

    Take the next step toward protecting your business and making your website more inclusive. Schedule a personalized ADA compliance briefing with 216digital today. Our team can guide you through Phase 1 remediation and ongoing strategies to keep your site accessible and compliant. 

    Greg McNeil

    October 3, 2024
    Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, WCAG, WCAG Compliance, Website Accessibility

  • Avoid ADA Lawsuits: Lessons from Big Companies

    Over the past few years, many well-known companies have faced lawsuits under Title III of the Americans with Disabilities Act (ADA) for failing to make their websites accessible. From retail giants like Nike and Target to entertainment brands like Beyoncé’s Parkwood Entertainment, these companies have all encountered legal challenges due to non-compliant websites.

    These cases provide an important lesson for website owners and content creators: web accessibility is not just a risk for big corporations but especially those running small businesses. Small companies are quickly becoming targets for Title III lawsuits as well. But by proactively making your website accessible, you can avoid legal trouble and enjoy several long-term benefits.

    Let’s examine some of the big companies that have been sued over website accessibility and how small businesses can protect themselves.

    1. Winn-Dixie: The ADA Case that Set the Standard

    Winn-Dixie was one of the first major brands to face a Title III lawsuit over website accessibility. In 2017, a blind customer sued the grocery chain because its website wasn’t compatible with screen reader software. The court ruled in favor of the plaintiff, marking a major precedent for future cases. This case highlighted how even websites that aren’t strictly e-commerce-based can be required to meet ADA standards.

    2. Domino’s Pizza: The Fight Over Online Ordering

    Domino’s Pizza was sued because a blind customer couldn’t use their website and app to order food. The case gained national attention when it reached the U.S. Supreme Court in 2019. Domino’s argued that the ADA didn’t apply to websites, but the Supreme Court declined to hear the case, leaving the lower court ruling in favor of the plaintiff. The lesson? ADA Title III applies to digital spaces just as much as physical locations.

    3. Nike: Accessibility in the Retail Space

    Nike was sued for having an inaccessible website that prevented visually impaired users from making purchases. The company quickly settled the case and implemented changes, demonstrating that the cost of fighting a lawsuit can be much higher than simply fixing accessibility issues upfront.

    4. Blue Apron: The Subscription Service Challenge

    Blue Apron, a meal-kit delivery service, faced a lawsuit when a blind customer was unable to sign up because the website didn’t work with screen readers. Blue Apron’s case showed that even digital-first businesses are vulnerable to accessibility claims.

    5. KitchenAid: The Importance of Universal Access

    KitchenAid, known for its appliances, was sued after a visually impaired user couldn’t navigate their website to access product information. This case underscores that accessibility isn’t just about e-commerce; it also includes providing equal access to all the content and information on your website.

    6. Fox News Network: ADA in Online Media

    Even media companies aren’t immune. Fox News faced a lawsuit for not making its website accessible to people with visual impairments. News outlets, entertainment brands, and other content-heavy websites should ensure that their pages are fully compliant with ADA guidelines.

    7. Beyoncé’s Parkwood Entertainment: Entertainment and Inclusivity

    In 2019, a visually impaired woman sued Beyoncé’s Parkwood Entertainment, claiming that her website wasn’t accessible with screen readers. This case shows that artists, musicians, and entertainment companies are also responsible for making sure their digital content is inclusive for all.

    8. H&R Block: Financial Services

    Tax preparation giant H&R Block was sued over their inaccessible website. The company settled by agreeing to make its site accessible and compliant with the Web Content Accessibility Guidelines (WCAG). This case demonstrates that financial services are held to the same standards as retail or entertainment when it comes to web accessibility.

    9. Burger King: Fast Food, Fast Accessibility Fixes

    Burger King was sued when a visually impaired customer couldn’t use its website to place an order. Like many companies, Burger King settled the case by agreeing to fix its accessibility issues rather than dragging out a lengthy court battle.

    10. Target: A Retailer Making ADA a Priority

    Target was sued in 2006 and eventually settled, becoming one of the first major retailers to make their website fully accessible. Their case set an early example that many other companies have followed.

    How Small Businesses Are Becoming Targets for ADA Lawsuits

    While these cases involved large companies, small businesses are increasingly being targeted by ADA Title III lawsuits. This shift is largely due to the rise in website accessibility lawsuits in general, which have grown significantly in recent years. Small businesses are often seen as easier targets because they may lack the resources to fight a lawsuit or may be unaware of their legal obligations under the ADA.

    The reality is that no business is too small to be sued over website accessibility. This means that whether you’re running a local boutique or a nationwide e-commerce store, you need to be proactive about making your site accessible.

    The Benefits of Web Accessibility

    Beyond avoiding lawsuits, making your website accessible offers several benefits:

    • Broaden Your Audience: An accessible website can be used by people with disabilities, which represents a significant portion of the population. By making your site accessible, you’re opening your business to more customers.
    • Improved SEO: Many accessibility improvements, like proper alt text for images, can also boost your search engine ranking.
    • Enhanced User Experience: Accessibility improvements often go hand-in-hand with usability improvements, making your site easier to navigate for all users.
    • Positive Brand Reputation: By demonstrating that your business values inclusivity, you can enhance your brand’s reputation and build customer loyalty.

    How to Calculate Your Return on Investment (ROI)

    When thinking about the cost of making your website accessible, it’s important to consider the return on investment (ROI). While the upfront cost of an accessibility audit or remediation might seem high, the long-term benefits far outweigh the cost of a lawsuit.

    To calculate your ROI for ADA Compliance, consider:

    1. Initial Accessibility Audit: This will tell you where your site currently stands and what changes need to be made. The cost will vary depending on the size and complexity of your website.
    2. Implementation Costs: These are the costs associated with fixing the accessibility issues identified in the audit. Again, this can vary but should be viewed as an investment in future-proofing your business.
    3. Avoided Lawsuits: The cost of fighting a Title III lawsuit can be substantial, both financially and reputationally. By being proactive, you can avoid these costs altogether.
    4. Expanded Customer Base: More accessible websites mean more potential customers. The boost in revenue can quickly outweigh the costs of compliance.

    How Being Proactive with Web Accessibility Offers an Incredible ROI

    The companies mentioned earlier learned the hard way that it’s always better to be proactive rather than reactive when it comes to website accessibility. Fixing accessibility issues after a lawsuit is filed is much more expensive than addressing them upfront. Not to mention, proactively making your website accessible can help you avoid the reputational damage that often accompanies ADA lawsuits.

    Protect Your Online Business

    Don’t wait for a lawsuit to take action on web accessibility. Get ahead of potential risks by ensuring your site is compliant now. At 216digital, we’re here to help you navigate the complexities of ADA compliance and safeguard your business. Schedule a personalized ADA briefing with us today to understand how you can protect your online presence, avoid costly lawsuits, and expand your customer base through an accessible website. Let’s future-proof your business together—schedule your ADA briefing now!

    Greg McNeil

    September 27, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Title II, web accessibility lawsuits

  • 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
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