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  • What is Inclusive Design?

    These days, people rely on the internet for just about everything—shopping, learning, connecting with others, and more. That is why it is so important for websites to be easy to use for everyone, regardless of their abilities or backgrounds. Inclusive design ensures that digital spaces are welcoming and accessible to all, whether someone has a vision or hearing impairment, limited mobility, speaks a different language, or simply is not tech-savvy.

    When businesses overlook accessibility, they risk shutting out entire groups of potential customers. So what exactly is inclusive design, and how can you make it a priority for your business? Let’s break it down.

    What’s Inclusive Design and Why Does It Matter?

    Most of us take certain web features for granted, like being able to click a button or read text on a screen. But imagine if someone has trouble seeing small letters or cannot operate a mouse. A website that is hard to use may prevent them from completing a simple task, such as filling out a form or finding important information. Inclusive design solves these problems by considering everyone’s needs from the start.

    When we practice inclusive design, we do more than just check a box for accessibility. We build sites that help people with different backgrounds and abilities feel welcome. This approach lets businesses reach a larger audience and gives more people the chance to use digital tools. In the end, everyone benefits.

    Key Principles of Inclusive Design

    Inclusive design follows a few core principles to ensure websites and digital experiences work for the widest range of users. These principles help designers create sites that are flexible, clear, and easy to navigate for everyone.

    1. Flexibility: Adapting to Different Needs

    Flexibility is one of the most important principles of inclusive design. Websites should adapt to different user needs, devices, and environments. Not everyone interacts with a website in the same way, so design elements must be versatile.

    For example, someone browsing on a smartphone may need larger buttons or a simpler layout to tap easily. A person using a screen reader may require properly labeled content so their assistive device can read text and links in a logical order. A website offering multiple ways to interact—such as voice commands, keyboard shortcuts, or touchscreen options—ensures users can engage with it in the way that suits them best.

    2. Clarity: Making Information Easy to Read and Understand

    Clarity is another core principle of inclusive design. If a website’s content is difficult to read or understand, it excludes many users. Sites should be simple, direct, and easy to follow.

    Some ways to improve clarity include:

    • Using plain language instead of technical jargon
    • Writing short paragraphs and using bullet points to break up content
    • Adding clear headings and subheadings to guide readers
    • Avoiding long, complex sentences

    These strategies benefit people with cognitive disabilities, those who speak English as a second language, and anyone who is quickly skimming for key information.

    3. Consistency: Creating a Predictable Experience

    Consistency is a key part of inclusive design because a predictable, structured website helps all users navigate smoothly. If menus, buttons, and links work the same way across different pages, visitors can find what they need without confusion.

    For instance:

    • Navigation menus should stay in the same place on every page
    • Buttons and links should have clear labels describing their purpose
    • Form fields should follow the same format throughout the site

    Consistency is especially important for people using assistive technologies like screen readers, as it helps them understand and interact with a website more efficiently. It also benefits users who rely on keyboard navigation or voice commands.

    Examples of Inclusive Design in Practice

    A good example of inclusive design is seen on social media platforms that offer closed captioning for videos. This allows people who cannot hear—or those who do not want to disturb others—to follow along. News websites that highlight key text or break up content into simpler chunks also practice inclusive design: by using plain language and proper formatting, they make it easier for a broad audience to consume information.

    Meanwhile, many e-commerce sites let shoppers filter products by color, size, or shape, helping those with specific needs. A person with color blindness might benefit from color labels spelled out in text, instead of relying on swatches alone, while someone with shaky hands might need larger buttons to click. These small adjustments illustrate how inclusive design can shape the online world to welcome everyone rather than turn people away.

    Benefits of Inclusive Design

    Embracing inclusive design does more than improve accessibility—it benefits businesses, organizations, and users alike. When websites accommodate all people, they become more effective, user-friendly, and legally compliant. Below are some of the biggest advantages of adopting inclusive design.

    1. Reaching a Bigger Audience

    One of the greatest benefits of inclusive design is how it expands a website’s reach. By being accessible to more people, businesses can connect with a larger and more diverse audience.

    Many users rely on assistive technology or need specific design accommodations, including:

    • People with visual impairments who use screen readers
    • Users with hearing impairments who rely on captions and transcripts
    • Individuals with mobility challenges who navigate via keyboard controls or voice commands
    • People with cognitive differences who need clear, structured content

    When websites are built for these groups, businesses and organizations can serve more customers and gain a competitive edge.

    2. Improving User Experience for Everyone

    A well-designed, inclusive website helps not just users with disabilities but all visitors. Clear text, logical navigation, and flexible layouts make websites easier for everyone to use.

    For example:

    • Captions on videos help users in noisy environments who cannot turn on the sound
    • Readable fonts and high-contrast text improve legibility for all users, not just those with visual impairments
    • Mobile-friendly designs ensure accessibility for people browsing on smartphones, tablets, and other devices

    By prioritizing inclusive design, businesses create digital spaces that are both efficient and enjoyable for every user.

    3. Staying Legally Compliant

    Many countries have laws that require websites to be accessible. In the U.S., the Americans with Disabilities Act (ADA) set legal standards for digital accessibility. Failure to comply can lead to lawsuits, fines, and damage to a brand’s reputation. In 2024 alone, more than 4,000 websites were sued for not meeting accessibility requirements, highlighting the serious risks of ignoring inclusive design.

    Businesses that do not meet these standards may face legal action from advocacy groups or individuals. Ensuring compliance from the start helps companies avoid these challenges while showing a commitment to equal access.

    Simple Steps to Get Started

    Inclusive design principles become easier to apply when you follow a few basic steps:

    • Plan Early
    • Include accessibility and usability in the early stages of your web project. Think about how users with diverse needs will interact with each part of your site.
    • Use Clear Language
    • Write in short sentences and simple words. This benefits people who speak English as a second language or have reading difficulties.
    • Focus on Layout
    • Organize your page in a logical way. Use headings, subheadings, and clear labels. This makes it easier for screen readers to process content.
    • Color Contrast Matters
    • Ensure your text and backgrounds have enough contrast. Free online tools like WebAIM’s Contrast Checker can help you check color contrast levels.
    • Provide Text Alternatives
    • Add captions to videos and alternative text for images. This helps people who cannot see the screen or hear the audio.
    • Test with Real Users
    • Set aside time to watch real users test your site. This is one of the most effective ways to find out what works and what does not.

    Tools and Techniques

    Several tools and techniques can help you practice inclusive design. Many free online checkers let you test color contrast, readability, and overall accessibility. Browser extensions can point out areas of your site that need attention. You can also try using a screen reader—like NVDA, VoiceOver on a Mac or Narrator on Windows—to experience your website as someone with vision impairments might.

    If you apply inclusive design effectively, consider adding features such as keyboard navigation, enabling users to move around your site with arrow keys or the Tab key instead of a mouse. Another useful practice is to highlight the selected element on screen, helping people see which button or link they are about to activate.

    Conclusion

    Inclusive design is not just a best practice—it is a necessary approach for creating digital experiences that work for everyone. Websites that prioritize inclusive design are more accessible, easier to navigate, and more effective at reaching diverse audiences. By focusing on accessibility from the outset, businesses can avoid costly redesigns, improve user engagement, and ensure legal compliance.

    At 216digital, we understand the importance of inclusive design and the role it plays in establishing a successful online presence. Our team specializes in accessibility audits, website design, and ongoing compliance monitoring to help businesses meet the highest accessibility standards. Ensuring your website is accessible is not just about checking a legal box—it is about creating a better online experience for everyone. Contact 216digital today to make sure your website is designed for all users.

    Greg McNeil

    March 5, 2025
    How-to Guides, Web Design & Development
    Accessible Design, Graphic Designer, inclusive desgin, Web Accessible Design

  • Title II Compliance Amid Political Uncertainty

    The political landscape around disability rights can shift quickly. Yet, for state and local governments, the legal requirements under the Americans with Disabilities Act (ADA) do not vanish. Title II of the ADA makes sure people with disabilities have equal access to government programs and services. Even when leaders talk about changing rules, the obligation to comply with Title II remains.

    A recent court case, Ellerbee v. State of Louisiana, shows how serious these rules are. This case has become a wake-up call for many. It sends a clear message: do not wait to make your digital services accessible, or you might face a lawsuit.

    ADA Title II Compliance: What Hasn’t Changed

    Under Title II, state and local governments must provide equal access to public services. This includes websites, online forms, and mobile apps. The ADA has always covered digital content, even though earlier laws did not spell it out as clearly as modern rules do. Some governments may be waiting for new regulations to make changes. But that is risky because Title II has long required equal access online.

    Recent regulations point to the Web Content Accessibility Guidelines (WCAG) as the standard. But just because these rules are more precise now does not mean the core obligation is new. Governments that do not meet these accessibility standards can still face legal action from private citizens or advocacy groups. Federal or local policy shifts do not take away the chance of a lawsuit.

    Ellerbee v. State of Louisiana: A Court-Ordered Reality Check

    In January 2025, a judge ruled that the State of Louisiana must make its websites accessible right away. The plaintiff, Beau Ellerbee, is blind. He sued Louisiana because he could not use its government websites. Louisiana claimed it did not have to follow accessibility standards yet because new federal deadlines were not in effect. However, the judge disagreed. The court said the ADA’s rules already exist and cannot be brushed aside.

    This ruling is important. It reminds all governments that waiting for future deadlines is dangerous. The court made it clear that Title II compliance is an immediate duty, not an optional one. If a website is not accessible, people can sue and win—right now. Governments should note this and avoid ignoring their responsibilities.

    Political Uncertainty and Compliance: What We Know and Don’t Know

    Many leaders wonder if changing political priorities will affect Title II compliance. Some worry that the rule could be canceled. While it is possible, changing a major rule is hard. It takes a long time to undo a regulation, so it will not happen overnight.

    Federal enforcement efforts can shift. Some administrations may push more or fewer investigations into accessibility. However, lawsuits from individuals and groups will not just stop. They can still file legal cases when they face barriers. Relying on reduced enforcement is risky. The question is: should you wait? The answer is no. Even if federal agencies slow down, private lawsuits will keep coming. Governments must stay prepared.

    Upcoming Deadlines for Digital Accessibility

    Here are the upcoming deadlines for digital accessibility:

    • Large municipalities (population more than 50,000) and public universities: April 2026
    • Smaller municipalities (population under 50,000) and special districts: April 2027

    Essential Steps for Title II Compliance

    But as we have learned, these deadlines do not mean you can wait until the last minute. Being proactive is essential. Governments should take the following steps now:

    1. Conduct Accessibility Audits: Check your websites, mobile apps, and PDFs to find barriers. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    2. Prioritize High-Impact Services: Focus first on key areas like emergency services, tax portals, and public benefits. These are used most often.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. 
    4. Monitor and Maintain Compliance: Accessibility is ongoing. After fixing issues, keep testing, new accessibility issues will arise over time.
    5. Document Efforts: Keep records of your audits, training sessions, and updates. This shows good faith in meeting Title II requirements.

    Legal Precedents Are Changing—Is Your Business Ready?

    Although the recent uproar in Louisiana focused on Title II, there is a growing concern that courts could apply the same level of scrutiny to Title III, which governs private businesses. When judges see states being held responsible for inaccessibility under Title II, it is not a stretch to imagine them enforcing strict guidelines for private companies under Title III of the ADA.

    Private online businesses that have not yet addressed accessibility may be at risk. Website accessibility lawsuits against private companies are on the rise. For instance, in 2017, federal lawsuits related to inaccessible websites and apps stood at around 814. By 2024, that number had soared to more than 4,000. If the tide can turn so quickly for state and local governments, private businesses should assume that Title III enforcement could intensify just as fast.

    The Path Forward Amid Uncertainty

    Political changes may create doubt, but the duty to follow Title II remains. The Ellerbee v. State of Louisiana ruling shows that waiting for future deadlines can lead to immediate lawsuits. If you manage a government website or any public-facing digital service, now is the best time to address accessibility needs.

    The same principle applies to private businesses. If you have questions about making your online presence meet ADA guidelines, consider scheduling an ADA briefing with 216digital. Our team of accessibility experts can develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on what matters — your business.

    Greg McNeil

    March 4, 2025
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, Title II, Web Accessibility

  • The Dos and Don’ts of Crafting a Web Accessibility Policy

    When you run a website or create online content, it’s easy to get excited about beautiful visuals and the latest technology. But here’s the thing many people overlook: web accessibility. Making your website easy for everyone to use—no matter their abilities—isn’t just kind, it’s smart business.

    A thoughtful web accessibility policy explains exactly how your website will be welcoming and easy to use for everyone, especially people with disabilities. It shows you care about being fair and inclusive, building trust with your visitors.

    In this guide, we’ll walk you through creating a strong, practical web accessibility policy, show you how to put it into action, and help you build an organizational culture that cares deeply about accessibility every day.

    What is a Web Accessibility Policy?

    Accessibility Statement: Your Promise to Visitors

    Have you ever noticed a link that says “Accessibility” at the bottom of a website? That’s usually an accessibility statement. Think of it as your friendly promise to visitors that your website is designed to be easy for everyone to use.

    A good accessibility statement:

    • Clearly shows you care about accessibility.
    • Shares exactly how accessible your website currently is (like meeting WCAG 2.1 AA standards).
    • Gives easy ways for visitors to ask for help or report problems.

    This statement helps visitors feel welcome and shows you’re serious about meeting their needs.

    Accessibility Policy vs. Accessibility Statement: What’s the Real Difference?

    Here’s a quick way to remember the difference:

    • Accessibility Statement: Short, public, and visitor-focused. It’s your friendly promise to website users.
    • Accessibility Policy: Detailed, internal, and team-focused. It guides your team on exactly how to keep your site accessible, including who does what and when.

    Both are important. The statement lets visitors know you care, and the policy helps your team keep that promise.

    Creating a Strong Accessibility Policy

    Pick Clear Standards

    Avoid vague promises like “fully accessible.” Instead, choose clear guidelines, such as WCAG 2.1 Level AA. These give your team specific targets to reach. If your site lets users add their own content, include guidelines like ATAG (Authoring Tool Accessibility Guidelines).

    Clear standards help your team know exactly what’s expected.

    Clearly Assign Responsibilities

    Make it easy for everyone to know who does what:

    • Choose an accessibility lead or form a team from different areas like design, content, and web development.
    • Schedule regular checks (monthly or quarterly) to catch problems early.
    • Set up simple ways for users to report issues and quickly decide who will respond to these reports.

    Involve Everyone in Your Organization

    Accessibility isn’t just for tech teams—it’s for everyone. Teams like marketing, communications, and HR also need to understand basic accessibility. Include accessibility checkpoints in everyday work, like project plans, content creation, and contracts.

    Keep an Eye on Third-Party Tools and Vendors

    Sometimes outside software or tools can accidentally create accessibility barriers. Avoid this by:

    • Checking accessibility before buying new software or services.
    • Asking vendors for proof of their products’ accessibility (like a VPAT).
    • Clearly stating accessibility requirements in your contracts.

    Putting Your Web Accessibility Policy Into Action

    Set Clear Goals and Deadlines

    Set achievable goals with clear deadlines. For example, you might aim to reach basic accessibility standards in six months and higher standards within a year. Clearly write down each task and assign it to specific people.

    Keep Your Policy Up-to-Date

    Accessibility standards change over time. Regularly review your policy every 6 to 12 months. Stay informed about new guidelines by joining webinars, reading blogs, or participating in workshops.

    Building an Accessibility-Friendly Culture

    Your ultimate goal is to make accessibility feel natural and positive in your organization. Encourage your team to see accessibility as part of good design—not as something extra or limiting.

    Celebrate successes, reward good work, and encourage ongoing learning about accessibility.

    Conclusion

    Creating a web accessibility policy isn’t a one-time task—it’s an ongoing commitment to fairness and inclusion. By clearly setting goals, involving your entire organization, and keeping an eye on outside tools, you make your site truly welcoming for everyone.

    Need help getting started or improving your policy? 216digital can support you. We provide accessibility audits, policy creation help, and ongoing support to make sure your website stays welcoming for all visitors. Reach out to 216digital today—let’s make your website inclusive, accessible, and successful together!

    Greg McNeil

    February 28, 2025
    Web Accessibility Training
    Accessibility, accessibility policy, accessibility statement, Web Accessibility, Website Accessibility

  • EDF and IAAP Call Out Accessibility Overlays

    You’ve probably seen accessibility overlays advertised as a quick and easy way to make websites compliant with accessibility laws. Companies promoting these tools claim they can fix accessibility issues with just a few lines of code, no major effort required. Sounds great, right?

    Not so fast.

    Leading accessibility organizations, including the European Disability Forum (EDF) and the International Association of Accessibility Professionals (IAAP), strongly disagree. In fact, they’ve openly criticized these tools, pointing out that overlays not only fail to meet accessibility standards but can actually make websites harder to use for people with disabilities.

    If you’re a website owner, this is something you need to know—because relying on an overlay could be doing more harm than good. Let’s break down why EDF and IAAP are speaking out, the biggest issues with overlays, and what you should be doing instead.

    What Are Accessibility Overlays?

    Accessibility overlays are automated software tools designed to modify a website’s appearance and functionality in an attempt to improve accessibility. They might add features like screen reader support, color contrast adjustments, or keyboard navigation enhancements—all without requiring direct changes to the website’s underlying code.

    Sounds convenient, but here’s the catch: overlays don’t actually fix accessibility issues. They just try to patch over them.

    Many companies claim their overlays help websites comply with Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and the European Accessibility Act (EAA). But accessibility experts, as well as actual users with disabilities, say otherwise.

    Why Are EDF and IAAP Against Accessibility Overlays?

    EDF and IAAP have outlined several major concerns about accessibility overlays. Their stance isn’t just theoretical—it’s backed by research, real-world testing, and feedback from people who rely on assistive technologies. Here’s what they found:

    1. Overlays Don’t Actually Fix Accessibility Issues

    Accessibility isn’t just about how a site looks—it’s about how it functions. Many accessibility issues, such as missing form labels, poorly structured headings, and inaccessible interactive elements, cannot be fixed by an overlay. These require changes to the website’s actual code.

    An overlay might tweak things on the surface, but under the hood, the same barriers remain.

    2. Accessibility Overlays Can Interfere with Assistive Technologies

    People who rely on screen readers, voice control software, or switch devices often report that overlays make their experience worse. Instead of improving accessibility, overlays can clash with assistive technologies, leading to confusing and frustrating experiences.

    Imagine trying to navigate a site with a screen reader, only to have an overlay forcing adjustments you didn’t ask for or use their screen reader instead. That’s the reality for many users.

    3. Overlays Create a False Sense of Compliance

    One of the most dangerous aspects of overlays is the illusion of accessibility they create. A business might think they’ve “checked the box” just by installing an overlay, but in reality, they could still be violating accessibility laws.

    This false security can leave companies vulnerable to legal action—and even worse, it fails to make websites truly accessible.

    4. Businesses Using Overlays Still Get Sued

    Think an overlay will protect you from lawsuits? Think again.

    In 2024, over 1,000 businesses that utilized overlays faced accessibility lawsuits according to Useablnet’s 2024 End of the Year Report. Courts have consistently ruled that overlays don’t meet legal requirements under the ADA and other accessibility laws. In some cases, overlays have even been used as evidence that a company ignored real accessibility fixes.

    5. Users with Disabilities Strongly Oppose Accessibility Overlays

    The people who actually rely on accessible websites have spoken: they don’t like overlays.

    Advocates and individuals with disabilities have repeatedly criticized overlays for making web browsing harder, not easier. Instead of solving accessibility challenges, overlays often introduce new problems, disrupting the way users navigate and interact with content.

    A New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights just how frustrating overlays can be. As Mr. Perdue, a blind user, put it: “I’ve not yet found a single one that makes my life better. I spend more time working around these overlays than I actually do navigating the website.”

    When the very tools meant to help people with disabilities end up making their experience worse, it’s clear that overlays are not the solution.

    6. Overlays Can Introduce New Barriers

    Rather than eliminating accessibility issues, overlays often create more obstacles.

    Some force unwanted settings on users, preventing them from using their own assistive technology configurations. Others introduce navigation loops, trapping users on certain pages or making it impossible to interact with important website elements.

    If an accessibility “fix” creates more accessibility problems, is it really a fix at all?

    What Should Website Owners Do Instead?

    If accessibility overlays aren’t the answer, what is? The good news is that true accessibility is achievable—and it starts with the right approach.

    1. Conduct a Proper Accessibility Audit

    Before making changes, you need to know what’s broken.

    An accessibility audit helps identify barriers on your site by testing against WCAG standards. The best audits combine automated scans with manual testing, including feedback from users with disabilities.

    2. Fix Accessibility Issues at the Code Level

    The only way to ensure true accessibility is to build it into the foundation of your website. This means:

    • Using semantic HTML for a clear page structure
    • Ensuring all interactive elements are keyboard-accessible
    • Providing text alternatives for images, videos, and other non-text content
    • Implementing ARIA attributes where needed for better screen reader support

    3. Involve Users with Disabilities in Testing

    Want to make sure your site is actually accessible? Ask the people who need it most.

    Incorporating real-world feedback from users with disabilities during usability testing helps uncover issues that automated tools might miss.

    4. Train Your Team on Accessibility Best Practices

    Accessibility isn’t just a one-time fix—it’s an ongoing commitment.

    Educating your developers, designers, and content creators about accessibility best practices ensures that your website remains accessible long-term.

    5. Monitor and Maintain Accessibility Over Time

    Websites change all the time—so does accessibility.

    Regular testing, monitoring, and updates are key to keeping your site accessible. Tools like a11y.Radar can help businesses track and maintain compliance as their website evolves.

    Conclusion

    EDF and IAAP have made one thing clear: accessibility overlays are not the answer.

    They don’t fix real accessibility issues, they interfere with assistive technologies, and they create a false sense of security that leaves businesses exposed to legal risk. Worse, they fail the very people they’re supposed to help.

    So, what’s the better approach? Real, lasting accessibility.

    That means conducting audits, making code-level fixes, listening to users with disabilities, and maintaining accessibility over time. Not only is this the right thing to do, but it’s also the best way to protect your business from legal trouble and create an inclusive digital experience.

    You don’t have to do it alone. 216digital can help you navigate accessibility the right way—with real solutions that work. Schedule an ADA Briefing today and take the first step toward a truly accessible website.

    Greg McNeil

    February 26, 2025
    Legal Compliance
    Accessibility, accessibility overlays, Legal compliance, Overlay widgets, Overlays, Web Accessibility

  • How BITV 2.0 Impacts Public Websites in Germany

    If you build or manage websites, you might have heard about accessibility rules in different countries. One of the key regulations in Germany is called BITV 2.0. It helps ensure that public websites and mobile apps are usable by everyone, including people with disabilities. Website owners and content creators in the United States might wonder why they should care about German law. The truth is that many organizations have a global audience, and they often serve users in Germany, too. That’s why it’s helpful to understand BITV 2.0 and how it might affect your online presence.

    What Is BITV 2.0?

    BITV stands for Barrierefreie-Informationstechnik-Verordnung. This is Germany’s legal framework for accessible information technology. BITV 2.0 sets specific standards that public websites and mobile apps need to follow. Germany wants to remove barriers that keep people with disabilities from thoroughly enjoying online services. That includes everything from reading digital documents to completing forms.

    When we talk about BITV 2.0, we’re focusing on the revised version of the original BITV rules, introduced to reflect changes in international standards.

    Who Does BITV 2.0 Affect?

    BITV 2.0 applies mainly to public-sector organizations in Germany. That includes federal ministries, public institutions, and some agencies linked to government services. It also covers websites and mobile applications that these groups manage. If your business or organization has a European branch, it’s wise to check whether any part of your web presence is considered “public sector” in Germany. Even if your team operates mainly from the United States, you might work with German partners or serve government clients in Germany. In that case, you could fall under BITV 2.0 guidelines.

    Key Requirements and Technical Standards

    The heart of BITV 2.0 lies in its alignment with the Web Content Accessibility Guidelines (WCAG). WCAG is an international set of recommendations for making web content more accessible. It focuses on four core principles:

    1. Perceivable – Users should be able to see or hear the content in some form.
    2. Operable – All users should be able to operate the interface, including those who use keyboards or assistive devices.
    3. Understandable – Information should be clear, and the design should not confuse or overwhelm people.
    4. Robust – Websites should work with a wide range of technologies, including screen readers and other assistive tools.

    BITV 2.0 directs public websites to follow WCAG 2.1 up to level AA. That means your site should offer features like proper color contrast, text alternatives for images, and reliable keyboard navigation. The rules also require documents to be accessible. This can include PDFs that have a logical reading order and forms that let users tab through fields in a sensible way.

    Another important reference is the European Standard EN 301 549. This covers requirements for digital accessibility in Europe. BITV 2.0 makes use of this standard, which lines up with WCAG 2.1 and addresses many aspects of web and software accessibility.

    Key Updates in BITV 2.0

    The updated version of BITV introduced new responsibilities. These updates encourage website owners to provide an accessibility statement on their websites. An accessibility statement shows users the level of compliance and explains any known accessibility issues. It also explains how users can contact the website owner if they face barriers.

    BITV 2.0 expands rules to cover public mobile apps. Many people do daily tasks through apps, such as booking appointments or paying fees. Now, these apps must meet the same standards as websites. This is more pressing for government agencies that deliver digital services in app form.

    Steps to Achieve Compliance

    Achieving compliance with BITV 2.0 starts with learning where your site or app stands. It’s good to begin with an accessibility audit. This audit checks for issues that might stop someone from using your website or app comfortably. You can then prioritize fixes based on how serious each issue is.

    Here are some steps that can guide your process:

    Review Your Current Content

    Test your website for keyboard navigability. Use tools that check color contrast and other visual aspects. Make sure images have meaningful alt text. If you have videos, consider providing captions. This first pass can reveal some of the more obvious problems.

    Check Your PDF and Other Documents

    Many public websites host PDFs and Word files. These documents need to be readable by screen readers. Check for a correct reading order, and ensure form fields are labeled. This helps people who rely on assistive technology.

    Look at Your Mobile Apps

    If you provide a mobile app to serve users, apply similar checks there. This includes ensuring that buttons have clear labels and that each screen is easy to navigate using voice commands or a screen reader.

    Provide an Accessibility Statement

    BITV 2.0 requires that public websites and apps offer a clear statement about their accessibility status. Include contact details for users who need more help or want to report a barrier. Keep this statement updated as you fix any problems.

    Train Your Team

    Compliance is easier when everyone on your team knows how to create accessible content. Encourage developers, designers, and content creators to learn WCAG 2.1 guidelines. That can be done through online courses or official training programs.

    Stay Informed

    Rules and technology change over time. Keeping an eye on updates to WCAG and the European standards helps you remain prepared for any changes in BITV 2.0.

    Why Should US-Based Website Owners Care?

    You might think that a German ordinance doesn’t affect you if your organization is based in the United States. In a global digital world, you never know when a user from Germany will need your service. Some US-based companies also maintain offices in Europe or partner with German government agencies. In those situations, accessibility under BITV 2.0 becomes a core concern.

    Even if you don’t serve a German public sector audience, improving accessibility is a worthy goal. It makes your site easier for everyone to use. It also fits with good user experience practices. Following BITV 2.0 can raise the bar on the overall quality of your site or app.

    Practical Tips for Getting Started

    • Use Automated Tools: Automated scanners can find basic issues fast. They’re not perfect, but they give you a starting point.
    • Set Up User Testing: Invite users with different abilities to test your site. Their experiences can show you issues that software alone might miss.
    • Make Small Changes First: Fixing alt tags on images or improving color contrast is often simple. These quick wins boost morale and help you build momentum.
    • Gather Feedback: Provide a way for visitors to report problems. This keeps you aware of issues and shows that you care about making improvements.

    Moving Forward With BITV 2.0

    BITV 2.0 is about making digital spaces open to everyone in Germany. It’s a structured set of rules that public websites and apps need to follow. If you’re in the United States, you might not think it applies to you at first. But in today’s world, web services cross borders. If your site or app is used by people in Germany, the requirements of BITV 2.0 matter.

    Meeting these standards can feel complex, especially for teams new to accessibility guidelines. The good news is that there are many tools, checklists, and training programs that can guide you. By taking small steps, you’ll move closer to compliance and also create a better experience for all users. Once you understand BITV 2.0 and put it into practice, you’ll be ready to serve a broader audience in Germany—and beyond.

    BITV 2.0: Compliance Without Borders

    BITV 2.0 sets the legal framework for online accessibility in Germany. It focuses on ensuring websites and mobile apps can be used by everyone, including those with disabilities. The law affects public-sector entities, but private organizations with ties to Germany may also need to follow these guidelines. Compliance involves following WCAG 2.1 standards, providing an accessibility statement, and keeping up to date with evolving requirements. If you’re a website owner or content creator in the United States, it makes sense to keep these rules in mind, especially if your reach extends into Germany. Over time, you’ll see that adopting BITV 2.0 guidelines benefits your audience and helps you maintain a user-friendly and accessible online presence.

    Navigating accessibility regulations like BITV 2.0 can be complex, but you don’t have to do it alone. Schedule an ADA briefing with 216digital to discuss your accessibility needs and ensure your website meets international compliance standards. Use the contact form at the bottom of the page to get started today!

    Greg McNeil

    February 25, 2025
    Legal Compliance
    Accessibility, BITV 2.0, Legal compliance, WCAG, WCAG Compliance, Website Accessibility

  • Why Should Websites Prioritize Multimedia Accessibility?

    Today, video and audio have become essential ways to share information. In fact, the average person now watches about 84 minutes of online video each day, and that number continues to grow. Podcasts, livestreams, and short clips fill our feeds, but there’s a critical point many content creators overlook: not everyone experiences multimedia in the same way. For individuals without access to captions, transcripts, or other multimedia accessibility features, valuable information can slip through the cracks.

    Research from Johns Hopkins University shows that 1 in 5 people live with hearing loss that affects everyday communication. Add that to the 21 million with visual impairments and the 65.6 million with learning or attention-related conditions, and you have over 130 million Americans who might struggle with typical video and audio formats. Below, we’ll explore why it’s so important to make your multimedia accessible and share some key steps for doing it right.

    Video and Audio Accessibility

    Multimedia accessibility means designing video and audio content so people with hearing, visual, or cognitive challenges can fully engage. Often, this involves retrofitting existing videos or podcasts to align with guidelines such as the Web Content Accessibility Guidelines (WCAG). These guidelines outline how to make digital media easy to perceive, operate, and understand for everyone.

    People can encounter many barriers online. Someone who is Deaf or hard of hearing won’t know what’s being said without captions, and a person with low vision may have trouble following on-screen text without audio description. Even individuals with learning differences might find it tough to keep up if the video moves too fast. By addressing these issues, you create a better experience for everyone—whether they have a disability or simply prefer a different way of engaging with content.

    Why Remediating Multimedia Is Essential

    Inclusive User Experience

    Making your videos and audio clips accessible ensures you’re not leaving anyone behind. Features like captions, transcripts, and audio descriptions help people with disabilities, but they also benefit those watching in a noisy coffee shop, people who learn best through reading, or anyone who wants to watch without turning up the volume. Accessibility features often help more users than you’d expect, much like how ramps and elevators benefit parents with strollers and travelers with luggage, not just individuals who use wheelchairs.

    Legal Compliance & Risk Mitigation

    In the United States, laws such as the Americans with Disabilities Act (ADA) and Section 508 require accessible digital content in many situations. Failing to meet these requirements can lead to lawsuits, financial penalties, and damage to your brand’s reputation. It’s far safer—and more ethical—to be proactive about multimedia accessibility rather than risk legal problems down the road.

    SEO and Discoverability

    Making your multimedia content accessible also helps search engines like Google understand what’s in your videos and audio. That’s because search engines can’t watch a video or listen to a podcast the same way humans do—but they can read text. When you add captions, transcripts, and descriptive metadata, your content becomes easier to index, which can boost your search rankings and bring more people to your website.

    Key Multimedia Accessibility Techniques

    Captions and Subtitles

    Captions display the spoken words, plus important sounds (like music or a door slamming) on screen. They can be closed (user can turn them on or off) or open (always displayed). Effective captions must be accurate, in sync with the audio, and easy to read. This is crucial for people who are Deaf or hard of hearing, but it also helps viewers in noisy surroundings or those who find text easier to follow.

    Transcripts

    Transcripts are full text versions of everything said and heard in a video or audio file. They should include key sound effects or music cues as well. Transcripts are especially helpful for people with hearing loss or attention difficulties, but they’re also a big plus for your search engine optimization because they offer a text-based format that Google can index.

    Audio Descriptions

    For viewers with visual impairments, audio descriptions explain important visuals that aren’t covered by dialogue—like a shift in setting or a character’s facial expression. Ideally, these descriptions are inserted during natural pauses in the speech so they don’t interrupt the flow of the content.

    Using an Accessible Video Player

    Even well-captioned videos aren’t truly accessible if the video player itself is hard to navigate. Look for a player that supports keyboard navigation, screen readers, adjustable playback speeds, and independent volume controls for different audio elements.

    Planning Multimedia Accessibility from the Start

    While it’s possible to add accessibility features to existing media, it’s much easier (and less time-consuming) to plan these features from the beginning. Choose platforms that support captions, transcripts, and audio descriptions, and be sure to test your content with real users who rely on assistive technologies.

    Conclusion

    Making your videos and audio content accessible is about ensuring no one is left out. It’s not just good ethics or a legal must-have—it also boosts your SEO, widens your audience, and enhances user satisfaction. By adding captions, transcripts, audio descriptions, and user-friendly video players, you’re creating content that welcomes everyone.

    If you’re ready to take the next step, 216digital can help you make your website’s multimedia content truly inclusive. Contact us today to learn how. Multimedia accessibility is more than just checking a box—it’s about respecting your audience and future-proofing your brand in an increasingly diverse digital world.

    Greg McNeil

    February 24, 2025
    WCAG Compliance
    Accessibility, videos and audio content, WCAG Compliance, Website Accessibility

  • Can Fixing Accessibility Issues Void an ADA Lawsuit?

    The Americans with Disabilities Act (ADA) is a law designed to protect people with disabilities. It requires both physical and digital spaces to be accessible to everyone. When we talk about a website, accessibility issues might include problems like small text, missing captions for videos, or code that screen readers can’t understand. Fixing these barriers can make a big difference for people with vision, hearing, or other disabilities.

    But what happens when you’re sued for accessibility and then fix the barriers? Can you end the lawsuit just by correcting the problem? In some cases, if a legal dispute is settled or the main issue is resolved, the courts call it “moot.” A moot case is one where the concern is gone, and there’s nothing left to argue about. So, does fixing your accessibility issues automatically make the lawsuit moot and make the case go away?

    What Does “Moot” Mean in ADA Lawsuits?

    When a case is “moot,” it means the issue at the center of the dispute is fully resolved. There’s nothing more for the court to settle. Courts don’t spend time on moot cases because their job is to address real, ongoing problems. If a problem is completely gone, there’s no need to step in.

    How This Applies to ADA Lawsuits

    Many ADA lawsuits, particularly those concerning website accessibility issues, don’t always focus on money. Instead, they often request that a business fix the problem. If the business does correct its accessibility barriers, it can argue that the lawsuit should be dismissed because there’s truly nothing left to contest.

    However, making a handful of fixes doesn’t mean the court will deem it moot. Sometimes, the court still proceeds with litigation if it remains uncertain the corrections will hold in the long term or if the modifications are incomplete. The key point is that all accessibility issues must be resolved in a lasting way, so people with disabilities won’t ever encounter the same barriers again.

    What Factors Decide If a Case Is Moot?

    When You Fix the Problem Matters

    It’s much better to address accessibility issues before anyone files a lawsuit. If the problems no longer exist prior to litigation, there’s often no case in the first place. But if you wait until after someone sues, judges are more likely to scrutinize your fixes. They might allow the case to continue if they suspect the changes were rushed or not comprehensive.

    Proof That the Fix Is Permanent

    Courts want reassurance that the barriers won’t return. If your website is only partially fixed or if the fixes might break with the next update, the judge may not see the case as moot. To prove your commitment, demonstrate that your solutions are solid, tested, and built to last.

    Ongoing Accessibility Efforts Matter

    Judges look for signs you plan to remain accessible in the long run. A budget for accessibility, routine audits, and proper training show the court you’re taking this seriously. If you can prove you’re actively preventing new barriers, your argument to dismiss the lawsuit will be stronger.

    Does Fixing Accessibility Issues Make the Lawsuit Go Away?

    Short Answer: Not Always

    It may seem logical that correcting your site’s accessibility issues would end the legal fight, but lawsuits can persist even after changes are made. Here’s why:

    • Attorneys’ Fees and Costs: Plaintiffs often request attorney fees under federal law, which allows the prevailing party to recover these costs. Even if you fix the problem, the plaintiff might claim they deserve compensation for time and resources spent filing the lawsuit.
    • Compliance Verification: The court or plaintiff may want proof that your website remains compliant long term. This can involve audits, monitoring, or reporting requirements.
    • Bad Faith Litigation: Certain “serial litigants” file multiple lawsuits seeking quick settlements. Even after you fix the issues, these litigants could still pursue a settlement or legal fees.

    When Could the Case Be Dismissed?

    A court may dismiss a case if it’s truly moot, which typically requires showing a solid commitment to ongoing compliance. For instance, if you’ve:

    • Hired an accessibility consultant to thoroughly audit your site.
    • Corrected all the reported issues.
    • Adopted a formal accessibility policy.
    • Implemented regular testing and maintenance to keep your site accessible.

    If you can persuade the court there’s virtually no chance the same accessibility barriers will return, the lawsuit might indeed be dismissed as moot. However, the burden is usually on you to prove you’ve made genuine, lasting efforts.

    Why Proving Mootness Can Be Hard

    Unlike a physical location, a website is constantly updated. New products, images, or code can introduce fresh accessibility hurdles if you’re not careful. Because websites are so fluid, it’s tough to prove that issues won’t resurface. Courts remain cautious about calling a case moot if they believe the next update could create the same barriers again.

    The Business Bears the Burden of Proof

    It’s up to the business to convince the court that the barriers won’t come back. If the court isn’t entirely convinced, the lawsuit can stay active. This creates challenges for many companies because ongoing accessibility requires constant attention. Even minor overlooked glitches can affect people with disabilities—and put you back on the legal radar.


    Real Lawsuits: When Mootness Worked (and When It Didn’t)

    Diaz v. Kroger

    In Diaz v. Kroger, the lawsuit claimed Kroger’s website was inaccessible to individuals with disabilities. Kroger responded by upgrading the site to meet the Web Content Accessibility Guidelines (WCAG), widely regarded as the leading standard for web accessibility. They also established clear policies to maintain compliance. Since Kroger provided convincing evidence that the issues were fixed and unlikely to return, the court dismissed the case as moot.

    Haynes v. Hooters

    In contrast, Haynes v. Hooters went differently. Hooters made some modifications to address accessibility but couldn’t show that the site was fully accessible. They also lacked a clear plan to keep it accessible going forward. Because the fixes were incomplete and the long-term strategy was unclear, the case was not found moot. Hooters remained in legal hot water, even after implementing certain improvements.

    What Businesses Should Do to Avoid Lawsuits

    Stay Ahead of the Game with Accessibility Audits

    One of the most effective ways to avoid ADA lawsuits is by preventing barriers before they arise. Regular audits—for both your website and physical location—can help you catch accessibility issues early. These checks might cover screen reader compatibility, video captions, and easy navigation for keyboard-only users. Identifying these issues early lets you fix them before a lawsuit ever appears.

    Develop an Accessibility Plan

    A strong accessibility plan signals to courts (and customers) that you take the ADA seriously. This plan should include:

    • Clear Accessibility Policies: Document your commitment to making your website and business accessible.
    • A Real Budget for Improvements: Allocate funds for accessibility updates and necessary technology.
    • Scheduled Audits and Training: Conduct regular reviews and train your team to maintain accessibility every day.

    Document Everything

    Keep thorough records of what you’ve corrected, when you did it, and how you’re preventing new accessibility issues. Detailed documentation can be invaluable in court if you need to prove your compliance efforts. It also streamlines your updates and helps you catch minor errors before they become major problems.

    Team Up with 216digital to Stay ADA-Compliant

    Catching accessibility barriers early is the best way to avoid costly legal disputes and ensure all users feel welcome on your site. It also helps you steer clear of lawsuits that might not vanish just because you made a few changes.

    At 216digital, we understand how overwhelming it can be to keep pace with ADA regulations and website maintenance. That’s why we specialize in accessibility audits, risk mitigation, and compliance solutions. We believe in taking proactive steps so you’re not left scrambling after a lawsuit arrives.

    Instead of waiting to see if your site might face an ADA lawsuit, schedule a free ADA briefing today  to evaluate your site’s compliance. With the right measures, you can demonstrate to your customers—and the courts—that you’re genuinely committed to removing accessibility barriers and keeping your online presence open to all.

    Catching accessibility issues early is the best way to stay out of legal trouble and create a welcoming experience for all your visitors. It also helps you avoid the stress and cost of a lawsuit that might not go away just because you made a few changes.

    Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you have specific legal questions about your situation, consult with an attorney who specializes in ADA and accessibility matters.

    Greg McNeil

    February 21, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, Moot, Website Accessibility

  • WCAG Basics: “Change of Context” or “Change of Content”

    Have you ever clicked on a text field and suddenly found yourself whisked away to a new page without warning? Or maybe you saw a form error message pop up out of nowhere, but your cursor stayed right where it was? These two situations hint at the difference between a “change of context” and a “change of content.”

    If you’re trying to make your website accessible, it’s important to know which is which because the Web Content Accessibility Guidelines (WCAG) treat them very differently. In this post, we’ll explore both terms, share some real-life examples, and give you tips on how to keep your site friendly and easy to use. By the end, you’ll have a stronger grasp of WCAG best practices and the confidence to apply them to your site.

    Why These Terms Matter

    People who rely on screen readers or keyboard navigation often can’t see or skim an entire page at once. Sudden or unexpected changes—like being redirected to a new tab—can be disorienting for them. That’s why WCAG sets clear rules to help you avoid making people feel lost.

    However, understanding “change of context” and “change of content” also helps with other accessibility concepts. For example, clarifying how your content updates ties right in with “Alternative for Time-based Media” or “Media Alternative for Text“—two other areas covered under WCAG. The more you know about these related topics, the better your site will serve all kinds of users.

    “Change of Context” in Plain Terms

    A “change of context” is a big shift in what a user sees or how they interact with the page. Under WCAG, it can include:

    • Opening a new window or tab without telling the user.
    • Moving the focus to another section of the page unexpectedly.
    • Redesigning the layout in a way that confuses users.

    For example, imagine you click into a text field, and suddenly, your screen shifts to another form altogether. That’s a huge jump! WCAG 3.2.1 (On Focus) says you shouldn’t trigger this kind of shift just because the user’s focus landed on an element. If the user ends up somewhere new, or a new window appears without their Input, you’re dealing with a “change of context.”

    “Change of Content” in Action

    Now, let’s say you click a menu button, and the menu expands without moving your cursor or launching a new page. That’s a “change of content.” You’re still in the same place—you can just see more information. This kind of change is usually okay as long as it doesn’t confuse or mislead.

    WCAG makes the point that not every content update equals a context change. You can display a tooltip, expand a dropdown, or show an inline error message without violating rules. As an example, if you’re filtering products on an eCommerce site and the list of items refreshes while your focus stays put, you’re likely good to go. The user expects new content to appear, so it’s not disorienting.

    When It Becomes an Accessibility Issue

    Mixing up these concepts can cause problems for people who rely on assistive technologies. For instance, if your site changes context every time someone selects a checkbox, they might lose track of where they were. WCAG 3.2.2 (On Input) warns against automatically triggering a big context shift unless you clearly warn the user or let them choose when it happens.

    At higher levels of WCAG (like AAA), 3.2.5 (Change on Request) says that major shifts should happen only when the user deliberately starts them—or they should be easy to dismiss. That means you can’t force a pop-up window to stay on screen with no way to close it. People need control over how they explore your site.

    Status Messages and Alerts

    Some sites show status messages—like “Item added to your cart”—that don’t move focus but do tell assistive tech users what’s happening. That’s allowed under WCAG 4.1.3 (Status Messages) because the screen reader can announce the alert without taking the user away from what they were doing.

    Things get trickier when an alert moves focus to itself. Sometimes, that’s necessary (say, with a big error), and if the user’s action triggers it, it can still meet WCAG standards. But if your site automatically shifts focus to a timeout warning with no user action, that can become a disorienting change of context—especially at the AAA level of WCAG compliance.

    Tips for Making It Work

    Keep People Where They Are

    Unless there’s a solid reason for moving focus or opening a new page, don’t do it. A small update to the same page is usually a “change of content,” which is less disruptive.

    Give Users a Heads-Up

    If you need to make a “change of context,” warn the user first. For example, say, “Selecting this option opens a new window.” This aligns with WCAG recommendations, especially 3.2.2.

    Test with Assistive Tech

    The best way to find out if your site is user-friendly is to try it with screen readers, keyboard-only navigation, or other assistive tools. You’ll quickly spot if something is shifting unexpectedly.

    Use ARIA Properly

    If you have alerts or status messages, use ARIA roles like role= “alert” or aria-live so screen readers can announce them without moving focus. This follows WCAG 4.1.3 guidelines for status updates.

    Think About Your Audience

    Some changes of context, like a security timeout, might be needed. Just remember to give the user control whenever possible.

    Wrapping It Up

    Understanding when something is a “change of context” rather than just a “change of content” is a big part of complying with WCAG. When you keep these definitions clear, you’ll avoid creating barriers that leave users confused and frustrated. It also ties back to important concepts like “Alternative for Time-based Media” and “Media Alternative for Text,” which help make websites more inclusive overall.

    Remember, WCAG doesn’t just set rules—it helps us create better experiences for everyone. If you need extra guidance, 216digital is here to help. We can perform an Accessibility Audit to see where your site stands, offer advice on meeting WCAG success criteria like 3.2.1, 3.2.2, 3.2.5, and 4.1.3, and suggest ways to make your site easier for all. 

    Ready to get started? Schedule a consultation with 216digital today and make sure you’re on the path to a more inclusive, user-friendly website!

    Greg McNeil

    February 20, 2025
    WCAG Compliance
    Accessibility, WCAG, WCAG Compliance, WCAG conformance, Web Accessibility, Website Accessibility

  • AI-Driven Accessibility: Hype vs. Reality

    AI is everywhere—powering self-driving cars, filtering spam emails, and even generating images out of thin air. Naturally, it has found its way into web accessibility, promising to make websites easier to navigate for people with disabilities.

    At first glance, AI-driven accessibility seems like a game-changer. A tool that scans a website, detects issues, and applies fixes in real-time—no costly audits, no manual updates. The promise is enticing: instant compliance, a better user experience, and minimal effort. For businesses seeking a quick fix, it sounds like the perfect solution.

    But is it really that simple, or is it just hype?

    The Hype of AI-Driven Accessibility

    AI accessibility solutions are marketed as a fast and effortless way to make websites compliant with accessibility laws and more user-friendly for people with disabilities. These tools use machine learning and automation to scan websites for accessibility issues, detect missing alt text, adjust contrast, and improve keyboard navigation. The idea is that AI can take the burden off businesses, making accessibility seamless and automatic.

    Companies selling AI accessibility promise a range of benefits:

    • Instant fixes for common accessibility issues like alt text, contrast adjustments, and heading structure corrections.
    • Enhanced user experience, with real-time captions, AI-generated image descriptions, and improved navigation.
    • Time and cost savings, reducing the need for expensive audits and manual accessibility updates.

    Some AI tools even claim to predict user needs and adjust websites dynamically, removing barriers before they become a problem. The pitch is simple: AI makes accessibility compliance quick, cost-effective, and easy.

    But can it actually deliver?

    The Reality: Limitations and Challenges

    AI-driven accessibility tools aren’t the magic solution they claim to be. In many cases, they fail to address deeper accessibility issues and even create new barriers. Here’s why:

    1. AI-driven Accessibility is Superficial

    While AI can generate alt text, it often provides vague or inaccurate descriptions. A picture of a service dog might be labeled as “dog” with no context, leaving a blind user without crucial details. Infographics and charts? AI struggles with those too, often giving meaningless labels instead of useful explanations.

    Automated contrast adjustments and heading restructuring may technically meet compliance guidelines, but that doesn’t mean they work in real-world use. These fixes can break website layouts, confuse users, and sometimes even make navigation worse rather than better.

    2. AI Can Introduce New Barriers

    AI tools often interfere with how people with disabilities already navigate the web. Screen reader users, for example, may encounter misplaced labels, incorrect headings, or navigation menus that suddenly stop working. Some AI tools even override user settings, blocking assistive technology that people rely on.

    Overlays—those AI-powered add-ons that promise “instant accessibility”—are particularly notorious for making things worse. Instead of removing barriers, they often add unnecessary complexity, frustrating users rather than helping them.

    3. AI-driven Accessibility Misses Barriers

    Studies show that AI can only detect 20-30% of accessibility barriers, meaning that websites relying solely on AI remain 70-80% inaccessible. Many critical accessibility issues require human judgment and testing—something AI simply cannot replicate.

    At 216digital, we have seen a sharp rise in lawsuits targeting screen reader-related issues that AI fails to detect. These include missing ARIA labels, poor keyboard navigation, and dynamic elements that don’t update correctly for assistive technology users. Businesses that trust AI for compliance often realize too late that their sites remain inaccessible and legally vulnerable.

    4. False Sense of Compliance

    Many businesses assume that adding an AI overlay or accessibility widget makes their website compliant with the Americans with Disabilities Act (ADA). But compliance is about actual usability—not just ticking a box.

    In 2024 alone, 1,023 companies using AI overlays were sued for accessibility violations according to Useablnet’s 2024 End of the Year Report. The reality is that these tools do not make a site fully accessible; they often only mask deeper issues. Lawsuits and regulatory actions continue to prove that true accessibility requires meaningful fixes, not just automated patches.

    Case Studies and Real-World Examples

    Many companies have learned the hard way that AI-driven accessibility doesn’t work.

    1. The Failure of AI-driven Accessibility

    One of the biggest offenders? accessiBe—an AI overlay that promises instant accessibility. Thousands of users with disabilities have reported that it makes websites harder to use, not easier. These overlays don’t fix the real problems; they just add a layer of automated code that interferes with assistive technology.

    2. Frustrated Users Speak Out

    A New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlighted how AI-driven overlays create more frustration than solutions. Blind advocate Mr. Perdue put it plainly: “I’ve not yet found a single one that makes my life better. I spend more time working around these overlays than I actually do navigating the website.”

    This isn’t just one person’s experience—over 862 accessibility advocates and developers have signed an open letter urging businesses to stop using these flawed AI solutions. Even the National Federation of the Blind has condemned AI-driven accessibility tools, calling them inadequate and ineffective.

    3. The Legal Consequences

    If the ethical concerns don’t scare businesses away, the lawsuits should. In 2024 alone, 1,023 companies were sued for relying on AI-driven overlays instead of making genuine accessibility improvements.

    Recently, major compliance agreements have begun explicitly stating that AI-driven overlays do not meet accessibility standards. Companies using tools like AudioEye, accessiBe, and Accessibility Spark are at higher risk of lawsuits than those making real accessibility changes.

    The Necessity of Human Oversight

    If AI isn’t the solution, what is? People.

    1. Accessibility Experts Know What AI Doesn’t

    Human experts understand accessibility in a way AI never will. They know how people actually use websites, what works, and what doesn’t. They can ensure websites are genuinely accessible—not just compliant on paper.

    2. AI and Humans Can Work Together

    AI isn’t completely useless, but it needs to be used as a tool, not a crutch. Real people need to review, test, and implement fixes.

    3. Accessibility is an Ongoing Process

    Web accessibility isn’t something you fix once and forget. It requires regular monitoring and updates. That’s where a11y.Radar from 216digital comes in—it provides continuous accessibility monitoring to keep websites truly usable for everyone.

    The Future of AI-driven Accessibility

    AI is improving, but it’s nowhere near ready to handle accessibility on its own. Moving forward, we need:

    • Better AI training that includes input from people with disabilities.
    • Stronger regulations to ensure AI tools don’t create new barriers.
    • More user involvement so that AI tools are built with real-world accessibility needs in mind.

    Conclusion

    AI-driven accessibility tools might sound appealing, but they’re not the answer. Automated solutions—especially overlays—often create more problems than they solve. If businesses truly care about accessibility, they need to invest in real solutions that actually work.

    The bottom line? AI can assist, but human expertise is irreplaceable.

    Want accessibility done right? Schedule an ADA briefing with 216digital today and get a roadmap to real, lasting accessibility.

    Greg McNeil

    February 19, 2025
    WCAG Compliance
    Accessibility, Ai and Overlay Widgets, AI-driven accessibility, Overlay, Website Accessibility

  • ADA Lawyer vs. Business Attorney: What’s the Difference?

    Have you ever tried to use a website that felt impossible to read or navigate? People with disabilities often face these problems every day. That’s why ADA compliance is so important for businesses that run websites or mobile apps. More and more people are taking legal action when sites are not accessible. As these lawsuits rise, it’s vital to understand your legal duty to make your website accessible.

    In many of these cases, an ADA lawyer steps in to help. An ADA lawyer is a legal professional who knows all about ADA compliance and how to fix accessibility issues in digital spaces. You may not always need to hire a lawyer, but there are certain times when having one is crucial. This article will explain when you might need an ADA lawyer, along with simple steps to help your site stay accessible and avoid legal trouble.

    The Americans with Disabilities Act: An Overview

    The Americans with Disabilities Act (ADA) became law in 1990. Its main goal is to remove barriers that prevent people with disabilities from fully taking part in everyday life.

    Title III is most important for websites because the Department of Justice (DOJ) says that websites and mobile apps count as “public accommodations.” This means your business must keep its website accessible to avoid breaking the law. Following ADA compliance here is not just a nice thing to do—it’s legally required.

    The Risks of Non-Compliance

    Not meeting ADA compliance can have serious legal and financial effects on your business. Lawsuits related to digital accessibility have been on the rise, hitting industries like retail, hospitality, healthcare, and finance particularly hard. High-profile cases against Domino’s Pizza and Winn-Dixie have shown just how important it is to make websites accessible.

    If your website is found non-compliant, you could face some serious consequences such as:

    Costly Settlements & Legal Fees

    Fighting an ADA lawsuit can cost tens of thousands of dollars, including lawyer fees and settlement payouts.

    Civil Penalties

    The DOJ can impose civil penalties, with a first violation costing up to $75,000 and a second offense up to $150,000.

    Harm to Brand Reputation

    When a business is sued for not following ADA compliance, it can hurt the company’s public image, leading to lost customers and lower trust.

    Mandatory Remediation

    Businesses found in violation may even be forced to complete mandatory remediation under court supervision, which usually costs far more than if they had taken a proactive approach in the first place.

    When Do You Need an ADA Lawyer?

    While proactive accessibility efforts are ideal, there are key scenarios where consulting a lawyer is necessary:

    Receiving a Demand Letter or Lawsuit

    If your company gets a demand letter or is sued, call an ADA lawyer right away. They can look at the claims, figure out if they’re valid, and help you respond in the best way. This helps lower your chances of major financial losses.

    Navigating ADA Compliance Standards

    Sometimes, you need help understanding what laws apply to your business. An ADA lawyer can explain the rules for ADA compliance and help you set up a plan to meet them. They’ll also show you how to keep your policies in line with these rules over time.

    Reviewing Accessibility Policies and Practices

    If you want to be proactive, an ADA lawyer can review your current policies and make sure they fit with the ADA. They’ll also help you come up with new policies and train your team to follow them.

    What Is an ADA Lawyer?

    An ADA lawyer is someone who knows the ins and outs of the ADA, focusing on website accessibility and preventing digital discrimination. They can represent businesses of all sizes, from small startups to large corporations. Their main job is to make sure ADA compliance is met under Titles II and III of the ADA. They also help defend companies in lawsuits or demand-letter situations, guiding them through complex legal rules and standards.

    How is an ADA Lawyer Different from Your Current Attorney?

    Your business attorney might be great at handling contracts and company policies, but ADA compliance is a different challenge. Accessibility laws are complex, and digital accessibility cases are increasing. A general business attorney may not have the in-depth knowledge needed to navigate ADA lawsuits, negotiate with the Department of Justice, or ensure your website meets Web Content Accessibility Guidelines (WCAG). Without the right legal expertise, your business could be at risk.

    ADA lawyers specialize in these cases. They understand the law, know what regulators look for, and can create a strong defense if a lawsuit happens. More importantly, they help businesses proactively fix accessibility issues, reducing legal exposure and ensuring compliance. With the right legal strategy, you can protect your business while building a more inclusive digital experience for all users.

    What to Look for When Hiring an ADA Lawyer

    Proven Experience in ADA and Digital Accessibility Cases

    Not all lawyers are well-versed in digital accessibility. Look for an attorney with a strong background in ADA litigation and experience advising businesses on accessibility compliance. Ask about past cases and successful resolutions.

    Deep Knowledge of WCAG and Accessibility Standards

    ADA compliance for websites and digital platforms is tied to WCAG standards. Your attorney should understand these guidelines and how they apply to your business—ensuring you meet legal requirements and avoid accessibility gaps.

    Strong Reputation and Reliable Referrals

    Word of mouth matters. Seek recommendations from other businesses, industry professionals, or accessibility experts. Research case outcomes and client testimonials to find a lawyer with a strong track record.

    A Proactive, Compliance-First Approach

    Some attorneys only step in when a lawsuit is filed. The best ADA lawyers help businesses stay ahead of legal risks by identifying accessibility issues early and working with developers and accessibility consultants to resolve them.

    Clear, Upfront Pricing

    ADA compliance shouldn’t come with hidden fees or surprise legal costs. Choose a lawyer who is transparent about their pricing structure and offers a cost-effective balance between compliance guidance and legal defense.

    Proactive Steps to Avoid Legal Issues

    Rather than waiting for a legal dispute, businesses should take proactive steps to improve accessibility and reduce legal risks:

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

    Conclusion

    Staying on top of ADA compliance isn’t just about avoiding lawsuits. It’s about making sure everyone can enjoy your digital spaces. While it may seem overwhelming at first, you don’t have to face it alone.

    216digital specializes in web accessibility solutions that meet legal standards while giving all visitors a better user experience. Don’t wait until you get a demand letter—take charge of your website’s accessibility right now.

    Start Your Journey Toward Accessibility Today

    Use the contact form below to schedule a briefing with 216digital. Our team will help you spot risks, make improvements, and ensure ADA compliance in the long run. By acting now, you can stay safe from legal trouble and welcome all users with an inclusive digital experience.

    Greg McNeil

    February 18, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuit, ADA Lawyer, Web Accessibility
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