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  • Web Accessibility for Retailers Under Legal Fire

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

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

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

    Why Web Accessibility for Retailers Matters

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

    There are several reasons for this:

    Retail Websites are Dynamic And Complex

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

    eCommerce Sites Are Constantly Updated

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

    Online Shopping is Essential

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

    Demand Letters Are Widespread

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

    Legal and Technical Web Accessibility for Retailers

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

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

    The Four Golden Rules of Accessibility: POUR

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

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

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

    Common Pitfalls on Retail Websites

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

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

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

    What Happens If You’re Sued

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

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

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

    A Proactive Plan for Retailers

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

    1. Start with an Audit

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

    2. Fix Key Areas First

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

    3. Address Dynamic Elements

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

    4. Monitor Continuously

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

    5. Train Your Team

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

    6. Consider Outside Help

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

    Retailers: Don’t Let Accessibility Be an Afterthought

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

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

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

    Need Help Making Your Retail Site Accessible?

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

    Greg McNeil

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

  • WordPress Accessibility: Common Pitfalls & Fixes

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

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

    Misuse of Heading Structures for Visual Styling

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

    Why It Matters

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

    How to Fix It

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

    Overreliance on Theme Defaults for Color Contrast

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

    Accessibility Risk

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

    Practical Fixes

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

    Improper List Markup Practices

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

    Why It’s a Problem

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

    Best Practices

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

    Neglecting Contextual Relevance in Alt Text

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

    Why It Matters

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

    What Developers Can Do

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

    Overuse and Misapplication of ARIA Attributes

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

    The Real Cost

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

    Smarter ARIA Use

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

    Overlooking Keyboard Navigation and Focus Management

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

    Key Accessibility Concerns

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

    Developer-Friendly Fixes

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

    What True Accessibility Looks Like in WordPress

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

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

    Greg McNeil

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

  • Are Accessible Websites More Expensive to Develop?

    Let’s get one thing out of the way: making your website accessible does not mean doubling your budget or dragging out your timeline. One of the biggest misconceptions we hear from clients is that accessible websites are more expensive to build. But when done right, accessibility isn’t some extra layer you slap on later—it’s a smarter way to build from the beginning.

    Accessibility isn’t about adding bells and whistles. It’s about giving everyone a fair shot at using your site—no matter how they access it. And when accessibility is baked into your planning, design, and development phases, it actually saves you money. On the flip side, skipping it now often leads to expensive fixes, rework, or even legal issues later.

    Bottom line: accessible websites aren’t more expensive to develop—inaccessible ones are.

    What Accessibility Actually Requires

    If you’re picturing accessibility as a mountain of custom features and complicated coding, let’s pump the brakes. Most accessibility best practices are about making smarter choices early in the process, not reinventing the wheel.

    Let’s look at a few low-effort, high-impact things your team can do:

    • Add alternative (alt) text as you upload images. It takes seconds and provides screen readers with essential context.
    • Use semantic HTML (like proper headings, lists, and buttons) instead of just styling with divs and spans.
    • Structure navigation so users can tab through with a keyboard.
    • Check your color contrast in early design stages—this small choice determines readability for millions of users.

    Accessibility isn’t about building entirely new tools. It’s about ensuring your site plays nicely with existing assistive technologies—like screen readers, screen magnifiers, or voice navigation tools.

    That means you don’t have to build special versions of your site for users with disabilities. You just need to support the way they already navigate the web.

    Building Accessibility from the Ground Up Saves Time and Money

    Now here’s where the real costs come in: retrofitting. When accessibility isn’t part of the original plan, fixing issues after launch becomes much more expensive.

    Let’s say you skipped writing alt text during image uploads. Going back to write descriptions for 1,000+ images after the fact? That’s hours—if not weeks—of work.

    Or maybe you used complex JavaScript widgets without thinking about keyboard access. Retrofitting those components to be screen reader-friendly may mean rewriting large sections of your code.

    In other words, fixing inaccessible websites costs more than doing it right the first time. And those fixes often introduce technical debt—clunky workarounds, inconsistent updates, and ongoing maintenance headaches.

    Accessible websites, when built with care from the start, are easier to update, scale, and maintain. They’re leaner, cleaner, and future-proof.

    Accessibility Supports Other Core Business Goals

    Accessibility isn’t just about doing the right thing—it’s also good business.

    Search Engine Optimization (SEO)

    Search engines love accessible sites. Why? Because many accessibility best practices—like using descriptive alt text, heading tags, and semantic HTML—also help search engines understand and index your content.

    Performance and Usability

    Accessible websites tend to have faster load times and cleaner code, which improves the overall user experience. Mobile users, for example, benefit from accessible design as much as someone using a screen reader.

    Security and Stability

    Accessible forms often rely on well-structured HTML and simple interactions rather than fragile JavaScript plugins. This makes your site more stable and secure, reducing the likelihood of bugs or failures.

    In short, accessibility supports the same goals that developers, designers, marketers, and business owners already care about: visibility, usability, and reliability.

    The Real Risk: Legal Liability and Missed Market Potential

    Now let’s talk about the elephant in the room: lawsuits.

    Accessibility-related lawsuits have been on the rise for years—especially under ADA Title III, which covers websites as places of public accommodation. And it’s not just the big guys being targeted. Small and midsize businesses are increasingly in the crosshairs.

    Worse, many businesses try to cut corners with accessibility overlays or plugins. These tools promise instant compliance but often fall short of legal standards like WCAG (Web Content Accessibility Guidelines). Relying on them can actually increase your legal risk.

    And beyond compliance? Let’s not ignore the massive untapped audience:

    • 1 in 4 U.S. adults lives with a disability.
    • Older adults, one of the fastest-growing groups of online shoppers, benefit from larger text, clearer navigation, and reduced motion.
    • Consumers care—more people are making buying decisions based on brand values like inclusivity and social responsibility.

    An accessible website isn’t just a shield against lawsuits. It’s a magnet for customers you might otherwise miss entirely.

    Smart Accessibility Decisions by Role

    No matter your role on a digital team, you can make choices that support accessible websites from the beginning.

    For Designers

    • Choose high-contrast color schemes.
    • Use legible fonts with scalable sizes.
    • Structure content with a clear visual hierarchy.
    • Design for flexibility—not everyone uses a mouse or touchscreen.

    For Developers

    Use semantic HTML for structure.

    • Make sure all interactive elements work with a keyboard.
    • Don’t overuse ARIA—follow best practices and use it only when necessary.

    For Content Creators

    • Write in plain, easy-to-understand language.
    • Make sure your links say where they go (“Read our pricing guide,” not just “Click here”).
    • Use headings and lists to break up content.

    For Project Managers

    • Treat accessibility like you would security or performance. It’s not optional—it’s critical.
    • Schedule accessibility testing early and often, not just at the end.
    • Work accessibility into every sprint, deliverable, and stakeholder review.

    Accessibility is everyone’s job—and it’s much easier when it’s a shared priority from the beginning.

    Accessibility as an Investment, Not a Line Item

    Let’s reframe the conversation.

    Accessibility isn’t just a cost on your project spreadsheet. It’s a long-term investment in your brand, your user experience, and your operational efficiency.

    Here’s what you gain:

    • Simpler redesigns: Sites built on semantic, accessible foundations are easier to rebuild or re-theme.
    • Better customer experiences: More people can use your site with ease—and they’ll remember it.
    • Improved trust: Customers, partners, and regulators alike see accessible websites as a sign of responsibility and care.

    Even the W3C, the global standards organization behind WCAG, notes that accessible websites “often work better for everyone” and “improve the user experience across devices.”

    At 216digital, we’ve seen it firsthand—companies that build accessibly from the start end up with stronger, leaner, and more successful digital platforms.

    Make Accessibility a Strategic Priority

    So, are accessible websites more expensive to develop?

    Not if you do it right.

    Integrating accessibility from the beginning is faster, cheaper, and more effective than fixing it later. It supports your other business goals, opens up new markets, and protects you from legal risk.

    Inaccessible websites may cost less upfront—but they cost far more in the long run.

    If you’re planning a redesign or wondering where your current site stands, scheduling an ADA accessibility briefing with 216digital is a smart, low-commitment first step. We’ll help you assess your current risk, prioritize improvements, and put you on the path to building more inclusive digital experiences.

    Because accessibility isn’t an extra—it’s just smart business.

    Greg McNeil

    June 9, 2025
    Testing & Remediation
    Accessibility, Accessibility Remediation, cost, Web Accessibility Remediation, Website Accessibility

  • Up and Coming ARIA Implementation

    Web accessibility is always evolving. Keeping up isn’t just beneficial—it’s crucial. Accessible Rich Internet Applications (ARIA) help developers build experiences that are usable by everyone, especially those with disabilities. As web standards advance, new ARIA attributes and roles emerge. Recently, ARIA 1.3 has introduced several notable features developers should start adopting now.

    Many of these are still in what could be called the “infrastructure stage”—they’re well-defined and available, but support across assistive tech and browsers remains inconsistent. That’s precisely why now is the time to pay attention. Understanding emerging ARIA implementation ensures your projects remain inclusive, user-friendly, and future-proof.

    This article explores fresh ARIA implementation options, their current support levels, and how developers can practically integrate them into real-world workflows.

    New and Noteworthy ARIA Attributes

    aria-errormessage

    Effective error messaging can significantly enhance usability. The ARIA implementation of aria-errormessage connects specific error messages to input fields when aria-invalid="true" is active. Unlike aria-describedby, this explicitly identifies the message as an error, and it’s only announced when the field is invalid—streamlining feedback for screen reader users.

    Support: Strong across JAWS, NVDA, and iOS VoiceOver. More limited in other environments.

    Example

    <label for="email">Email:</label>
<input type="email" id="email" aria-invalid="true" aria-errormessage="emailError">
<span id="emailError">Please enter a valid email address.</span>

    aria-description

    This attribute supplements existing descriptive labels by offering additional, programmatically available context that isn’t always visible on screen. It’s ideal for providing hints that enhance usability without cluttering the UI. For example, use aria-description="You are here:" to add orientation to breadcrumb navigation.


    Support: Currently handled well by NVDA and iOS VoiceOver; other screen readers may ignore it or misinterpret its purpose.

    Example

    <button aria-label="Download" aria-description="Downloads the current report in PDF format.">Download</button>

    aria-details

    The ARIA implementation of aria-details links an element to rich, supplementary content—replacing the outdated and poorly supported longdesc. It’s perfect for enhancing understanding of charts, data tables, and complex graphics.

    Support: Announced in some screen readers, but there’s currently no direct navigation path from the referenced element to the details content—limiting usability in production environments.

    Example

    <img src="chart.png" alt="Sales Chart" aria-details="chartDetails">
<div id="chartDetails">
  <p>This chart shows sales data from Q1 to Q4, highlighting growth trends.</p>
</div>

    aria-keyshortcuts

    Keyboard accessibility remains critical for many users. The ARIA implementation of aria-keyshortcuts lets developers document expected key commands directly in markup, making interfaces easier to learn and navigate via screen readers.

    Important note: This does not create functionality—it simply advertises the shortcut to assistive tech.

    Support: Fairly robust in Chrome and Edge; less so in Firefox and mobile platforms.

    Example

    <button aria-label="Mute" aria-keyshortcuts="Ctrl+M">Mute</button>

    aria-placeholder

    This attribute serves as a screen-reader-friendly version of the native placeholder attribute, particularly useful for custom form controls like div[contenteditable]. Unlike native placeholders, the text won’t be announced after the field is filled, avoiding redundancy.

    Support: Surprisingly consistent across JAWS, NVDA, VoiceOver, and TalkBack.

    Example

    <div contenteditable="true" role="textbox" aria-placeholder="Enter your comment here..."></div>

    Emerging ARIA Roles Enhancing Semantic Meaning

    Editorial and Collaborative Roles

    Roles like role="mark", role="comment", and role="suggestion" provide semantic meaning in collaborative environments—useful in rich text editors, document workflows, and feedback tools.

    • mark: Highlights text.
    • comment: Marks feedback or user-generated discussion.
    • suggestion: Flags proposed edits or changes.

    Support: Varies widely. role="mark" is gaining traction due to its alignment with <mark>. Others are still emerging.

    Example

    <p>The final decision was <span role="suggestion">to postpone the launch</span> until next quarter.</p>

    Technical and Temporal Roles

    New semantic roles such as role="code" and role="time" help describe technical or time-based content when native elements like <code> or <time> aren’t feasible—particularly in component-based frameworks.

    Support: Minimal at present but useful for long-term semantic clarity.

    Example

    <div role="code">const sum = (a, b) => a + b;</div>
<div role="time" datetime="2025-06-06T13:49:19-04:00">June 6, 2025, 1:49 PM EDT</div>

    role=”image”

    This is functionally equivalent to role="img" but offers a clearer, natural-language alternative. While it doesn’t change behavior, it can improve code readability and naming consistency across projects.

    Example

    <div role="image" aria-label="Company Logo">
  <img src="logo.png" alt="">
</div>

    Practical Implementation Considerations

    Assessing Support Across Assistive Technologies

    Not every ARIA implementation feature enjoys uniform support. The ecosystem includes screen readers like JAWS, NVDA, VoiceOver, TalkBack, and browsers like Chrome, Edge, Firefox, and Safari. Always test your ARIA implementations across a matrix of platforms and devices. What works well in one may fail silently in another.

    Tested Environments (May 2025)

    • Windows 11: JAWS, NVDA, Narrator
    • macOS Sequoia: VoiceOver
    • iOS 18.4: VoiceOver (Safari)
    • Android 15: TalkBack (Chrome)

    Support varies—stay informed and test often.

    Best Practices for Adoption

    1. Use semantic HTML first. ARIA should enhance—not replace—native elements.
    2. Progressively enhance. Build baseline functionality, then layer in ARIA attributes where they add real value.
    3. Test with real users. Automated tests only go so far. Gather feedback from people who use assistive tech every day.
    4. Implement gracefully. Ensure content degrades without breaking if ARIA features aren’t supported.
    5. Stay proactive. Keep track of ARIA spec updates and screen reader changelogs.

    Conclusion

    Web accessibility isn’t static. Staying ahead of emerging ARIA implementation trends helps developers build experiences that are not just compliant, but genuinely inclusive. Attributes like aria-errormessage, aria-description, and editorial roles like role="comment" signal the future of accessible interaction.

    Many of these features may still be waiting for widespread support—but early adoption by thoughtful developers will shape best practices and standards moving forward.

    To lead with confidence in this evolving space, consider scheduling an ADA briefing with 216digital. Their accessibility experts can help you implement forward-looking ARIA features in a way that’s both robust and user-first—positioning your organization as a leader in inclusive design.

    Greg McNeil

    June 6, 2025
    How-to Guides
    Accessibility, ARIA, How-to, WCAG, WCAG Compliance, web developers, web development

  • ARIA Alert 101: Loud, Clear, and Accessible

    If you’ve built interactive web apps, you know how crucial timely feedback is for a good user experience. But here’s something developers often overlook: what about users who rely on assistive technologies like screen readers? For them, getting real-time notifications isn’t just convenient—it’s essential. That’s exactly why understanding how to use an ARIA alert matters.

    This guide breaks down what ARIA alerts are, how they work, where they shine, and how to implement them correctly—without overwhelming users or creating redundant announcements.

    What Exactly Is an ARIA Alert?

    An ARIA alert is your app’s way of tapping a screen reader user on the shoulder. By using role="alert", you’re signaling that the content inside that element is critical and should be announced immediately—without needing to move focus or interaction.

    Technically, role="alert" behaves the same as setting aria-live="assertive" and aria-atomic="true". That means:

    • The content update will be read aloud right away.
    • The entire updated region will be announced, not just the changed portion.

    Use it when urgency matters—like an error message or a warning about a session timeout.

    How ARIA Alerts Actually Work (And Why They Can Be Tricky)

    For an ARIA alert to trigger, it must announce a change. If you statically load a message with no updates, nothing will happen—even if you’ve assigned role="alert".

    Here’s the trick: the alert container must exist in the DOM when the page loads, and its content must change dynamically. You can do this by:

    • Inserting new text into the container.
    • Revealing text that was previously hidden with CSS (e.g., display: none → display: block).

    A reliable pattern is to preload an empty alert container, then inject or unhide content as needed. This ensures assistive tech is “watching” the region.

    Real-World Scenarios for Using ARIA Alerts

    Let’s look at some common, effective use cases:

    • Form validation: “Oops! Please enter a valid email.”
    • Session timeouts: “You’ll be logged out in 1 minute.”
    • Connection issues: “Unable to save changes—check your connection.”

    Here’s an updated practical implementation using best practices:

    <div role="alert" aria-live="assertive" aria-atomic="true" id="email-alert"></div>
<form id="contactForm">
  <label for="email">Email:</label>
  <input type="email" id="email-input" placeholder="Enter email">
  <button type="submit" onclick="validateEmail(event)">Submit</button>
</form>
<script>
function validateEmail(event) {
  event.preventDefault();
  const email = document.getElementById('email-input').value;
  const alertBox = document.getElementById('email-alert');
  alertBox.textContent = ''; // Clear previous message
  if (!email.includes('@')) {
    // Trigger update
    alertBox.textContent = 'Please provide a valid email address.';
  }
}
</script>

    Pro tip: Clearing the alert content first helps some screen readers recognize the change reliably.

    alert vs. alertdialog: Know the Difference

    Use role="alert" for passive, immediate notifications that require no interaction. But if your message needs a user response—like confirming an action or acknowledging a warning—role="alertdialog" is a better fit.

    It shifts focus into the alert and keeps the user there until they respond—perfect for time-sensitive prompts.

    When Another Role Fits Better

    ARIA alerts aren’t the only live region role. Use the right tool for the right job:

    • Use role="status" for passive, non-urgent updates, such as “Settings saved.”
    • When presenting chat logs or continuously updating feeds, apply role="log".
    • Countdowns or ticking clocks are best served with role="timer".
    • For moving text like stock tickers or news crawls, assign role="marquee".

    This prevents alert fatigue and keeps your UI meaningful and calm.

    Best Practices for ARIA Alerts

    To ensure your ARIA alert implementation actually helps users, keep these principles in mind:

    • Avoid using aria-live="assertive" on top of role="alert" — it’s redundant and may cause double announcements.
    • Don’t assign role="alert" to the trigger (like a button); apply it to the message container.
    • Avoid focusing the alert — screen readers will announce it automatically.
    • Leave the container empty at first — content must be injected or toggled dynamically to trigger an announcement.

    Here’s an example using a hidden alert message:

    <div role="alert">
  <span id="error-message" style="display:none; color:red;">Please provide a valid email address.</span>
</div>
<script>
function submitForm(event) {
  event.preventDefault();
  const emailField = document.getElementById('email');
  const errorMessage = document.getElementById('error-message');
  if (!emailField.value || !emailField.value.includes('@')) {
    errorMessage.style.display = 'block';
  } else {
    errorMessage.style.display = 'none';
    alert('Form submitted successfully');
  }
}
</script>

    Common Pitfalls (and How to Fix Them)

    • Too many alerts: It’s tempting to ARIA-ify everything, but overusing alerts overwhelms users. Use sparingly and meaningfully.
    • Alerts that vanish too quickly: Follow WCAG 2.2.3 (AAA) recommendations and give users enough time to absorb information—especially at slower screen reader speeds.
    • Missing initial DOM presence: Screen readers may not monitor the alert region if developers add it after the page loads and it wasn’t in the initial DOM.
    • Static content: No matter the role, alerts only fire when content updates. Don’t forget to trigger a change—whether inserting, revealing, or replacing content.

    Advanced Tips to Polish Your ARIA Alerts

    Reuse One Container

    Don’t overcomplicate things with multiple regions. Instead, keep a single reusable alert container:

    const alertContainer = document.getElementById('reusable-alert');
alertContainer.textContent = '';
setTimeout(() => {
  alertContainer.textContent = 'Your session will expire soon!';
}, 50);

    The slight delay ensures screen readers detect the change.

    Hidden Alerts for Assistive Tech Only

    Sometimes, users with screen readers need information that sighted users don’t. You can use visually hidden alerts to serve that audience without affecting your UI:

    <div role="alert" class="visually-hidden">
  Background task completed successfully.
</div>

    This preserves visual clarity while maintaining inclusivity.

    Testing: Manual Beats Automated

    While tools like Lighthouse are helpful, automated testing can’t catch everything. To verify ARIA alert functionality:

    • Use screen readers directly (NVDA, JAWS, VoiceOver).
    • Test updates dynamically—don’t rely on static behavior.
    • Confirm timing, visibility, and repeatability.

    Get feedback from real users whenever possible.

    Make Critical Updates Count With ARIA Alerts

    An ARIA alert isn’t just a technical fix—it’s a way to respect your users’ need for timely, clear communication. When implemented well, it’s like adding a layer of empathy to your UI. You’re saying, “Hey, I’ve got your back—even if you can’t see what’s on the screen.”

    If you’re unsure whether your alerts are firing at the right moments—or want expert help ensuring your digital experience is accessible—connect with the team at 216digital. We offer accessibility audits, developer guidance, and hands-on remediation services tailored to your site.

    Let’s make accessibility loud, clear, and effective—together.

    Greg McNeil

    June 5, 2025
    How-to Guides
    Accessibility, ARIA, ARIA alert, How-to, web developers, web development, Website Accessibility

  • Law Firms Aren’t Built for Accessibility Remediation Services

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

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

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

    The Problem: Law Firms Handle Lawsuits—Not Code

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

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

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

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

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

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

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

    Hidden Risk #2: The Fixes May Not Be Complete

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

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

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

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

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

    Hidden Risk #3: No Plan for the Long Term

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

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

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

    What Proper Accessibility Remediation Services Look Like

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

    Here’s what effective accessibility remediation services typically involve:

    1. In-Depth Accessibility Audit

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

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

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

    2. A Clear, Actionable Roadmap

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

    3. Code-Level Fixes

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

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

    4. Real-World Usability Testing

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

    5. Documentation & Legal Support

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

    6. Ongoing Monitoring

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

    Why Accessibility Professionals Are the Better Fit

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

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

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

    Conclusion: The Smart Path to Lasting Compliance

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

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

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

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

    Greg McNeil

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

  • Mastering ARIA in HTML: A Guide for Developers

    If you’re building digital experiences in 2025, you know the landscape has evolved significantly. Mobile dominates, and for over a billion people with disabilities worldwide, accessibility isn’t a luxury—it’s essential. As front-end developers and accessibility specialists, our role extends beyond coding for functionality—we’re creating inclusive experiences.

    This is precisely where ARIA in HTML steps up. When native HTML can’t clearly communicate what dynamic interfaces are doing—like expanding menus, modal dialogs, or custom widgets—ARIA bridges those gaps. Used effectively, it connects aesthetic, intuitive front-end design with genuinely accessible user experiences.

    Let’s explore how to effectively incorporate ARIA in HTML, steer clear of common pitfalls, and ensure your mobile-first designs prioritize inclusion from the outset.

    Understanding ARIA in HTML

    ARIA, or Accessible Rich Internet Applications, is a W3C specification designed to enhance semantic meaning in web content. Essentially, it’s metadata crafted specifically to communicate clearly with assistive technologies like screen readers.

    You might wonder—why not rely exclusively on semantic HTML?

    We absolutely should prioritize semantic HTML. However, certain custom components—like custom dropdowns or dynamic interfaces—can surpass what native HTML can express. That’s exactly where ARIA in HTML becomes indispensable.

    ARIA Comprises Three Key Components

    • Roles: Clearly define an element’s function.
    • States: Indicate conditions that change dynamically (expanded/collapsed).
    • Properties: Offer consistent, generally static information (labels or relationships).

    Let’s explore these individually to clarify their application.

    ARIA Roles – Clearly Defining Element Purpose

    ARIA roles inform assistive technologies precisely what an element represents. They’re foundational to implementing ARIA effectively.

    Common Role Categories

    • Landmark Roles guide users through structural sections: <nav role="navigation" aria-label="Main Navigation">…</nav>
    • Widget Roles identify interactive controls: <div role="button" tabindex="0" aria-pressed="false">Toggle</div>
    • Document Structure Roles illustrate content hierarchies, such as headings, articles, or lists.
    • Abstract Roles provide a structural foundation but aren’t directly used in code.

    ARIA roles effectively transform generic <div> elements into meaningful components, but only when a suitable native element isn’t available. For instance, always prefer <button> over div[role="button"] when possible.

    ARIA States and Properties – Capturing Dynamic Interactivity

    ARIA truly demonstrates its value in conveying dynamic content behavior. When UI elements change states—like expanding menus, selecting items, or providing live updates—ARIA states and properties clearly relay this to assistive technology.

    • States (change dynamically): aria-expanded, aria-checked, aria-pressed
    • Properties (typically static): aria-labelledby, aria-describedby, aria-controls

    Example: Expandable Menu

    <button aria-expanded="false" aria-controls="menu">Menu</button>
<ul id="menu" hidden>
  <li><a href="#">Item 1</a></li>
  <li><a href="#">Item 2</a></li>
</ul>

    Example: Labeled Input

    <label id="emailLabel">Email:</label>
<input type="email" aria-labelledby="emailLabel">

    States and properties ensure screen reader users consistently understand UI changes in real-time, creating seamless interactions.

    ARIA in Mobile Web Development – Best Practices

    Mobile development introduces unique accessibility considerations. Small screens, touch interfaces, and various screen readers can complicate implementation, but well-executed ARIA enhances the responsive design experience.

    Mobile Considerations

    • Touch Targets: Ensure sufficient size and spacing.
    • Screen Readers: Regularly test with VoiceOver (iOS) and TalkBack (Android).
    • Responsiveness: Maintain ARIA accuracy through layout shifts.

    Best Practices

    • Always use native HTML elements first. Opt for <button> when possible.
    • Avoid redundant roles. A <nav> inherently has navigation context and typically doesn’t require role="navigation" unless clarified with aria-label.
    • Ensure all interactive elements are keyboard-accessible.
    • Provide clear accessible names with aria-label or aria-labelledby.

    Common Pitfalls

    • Misusing aria-hidden: Avoid hiding interactive elements, as it disrupts user experiences.
    • Incorrect roles: Assign roles strictly aligned with functionality—avoid role="button" on non-interactive headings.

    When implemented thoughtfully, ARIA in HTML fosters accessible, intuitive mobile experiences.

    ARIA and WCAG – Achieving Accessibility Standards

    Web Content Accessibility Guidelines (WCAG) provide essential standards for digital accessibility. ARIA complements WCAG, offering practical ways to achieve compliance and enhance experiences.

    WCAG Principles Supported by ARIA

    • Perceivable: Communicates dynamic content clearly (e.g., aria-live).
    • Operable: Facilitates keyboard control via appropriate roles and states.
    • Understandable: Clarifies purpose using meaningful labels.
    • Robust: Ensures future-proof, compatible experiences.

    Correct ARIA use significantly advances your site towards WCAG 2.2 AA compliance, enhancing accessibility comprehensively.

    Testing ARIA Implementations – Tools and Techniques

    Effective ARIA in HTML requires rigorous testing—without it, even perfect code can fail users.

    Recommended Tools

    • WAVE: Quickly identify visual ARIA issues via Chrome.
    • NVDA (Windows) and VoiceOver (macOS/iOS): Essential screen reader testing.
    • BrowserStack Workflow Scanner: Detects ARIA issues in user workflows.

    Testing Strategies

    • Automated Tests: Detect immediate issues like missing labels or roles.
    • Manual Tests: Tab through interactive elements; ensure clarity with screen readers.
    • User Tests: Real-world feedback remains crucial for catching overlooked issues.

    Comprehensive testing ensures ARIA implementations genuinely enhance user accessibility rather than hindering it.

    ARIA You Ready for Accessibility?

    ARIA in HTML isn’t a magical solution—it’s a powerful tool. Utilized effectively, it allows developers to build accessible digital experiences that resonate with everyone, particularly crucial for mobile users dependent on assistive technology.

    As developers, designers, and accessibility experts, we’re collectively responsible for crafting an inclusive web. Let’s commit to making accessibility integral—not an afterthought.

    Need guidance with ARIA strategies or comprehensive accessibility audits? 216digital offers expertise and support. Schedule a quick ADA compliance briefing and discover how your site can confidently meet and surpass WCAG standards.

    Let’s continue advancing accessibility, enhancing experiences one ARIA attribute at a time.

    Greg McNeil

    May 27, 2025
    How-to Guides
    Accessibility, ARIA, aria-describedby, aria-label, How-to, WCAG, Web Accessibility

  • Court Ruling Confirms ADA Title III Covers Websites

    As the boundaries between physical and digital business continue to blur, courts are stepping in to clarify what inclusion really means online. One recent ruling, Frost v. Lion Brand Yarn Company, brings that conversation into focus. In February 2025, a Minnesota federal judge ruled that websites qualify as places of public accommodation under ADA Title III. This decision supports what many in the digital and legal communities have long believed: accessibility online deserves consistent attention. While it doesn’t resolve every legal question, it strengthens the case for making digital inclusion part of a responsible business approach.

    Frost v. Lion Brand Yarn Company Case

    In Frost v. Lion Brand Yarn Company, Clarence and Tammy Frost—both legally blind—alleged that the company’s website was inaccessible to screen reader users. They argued this violated ADA Title III, which prohibits discrimination based on disability in places of public accommodation.

    Lion Brand Yarn asked the court to dismiss the case, claiming that its website wasn’t a physical place and therefore didn’t fall under the scope of the ADA.

    Court Decision and ADA Title III Interpretation

    On February 6, 2025, U.S. District Judge Katherine Menendez denied the motion to dismiss. Her decision stated that a website can, in fact, be considered a place of public accommodation under ADA Title III. She emphasized the law’s broad intent and noted that excluding digital spaces would limit access in today’s online world.

    Legal Reasoning Behind ADA Title III Decision

    Judge Menendez’s ruling follows a growing trend in how courts interpret the ADA. Even though the law was written before websites existed, many judges now recognize that its goals—ensuring equal access—apply in digital spaces, too.

    The court explained that ignoring websites under ADA Title III would go against the law’s purpose. If businesses offer goods and services online, people with disabilities must have equal access to those experiences.

    Broader Implications of ADA Title III in Digital Accessibility

    This case contributes to the growing conversation about whether ADA Title III covers digital platforms.Some courts have said yes, others no—but momentum is building toward broader interpretation. More judges, and the Department of Justice, are saying that websites count.

    By viewing digital platforms as essential for communication and commerce, this ruling helps make the case that online inclusion is part of federal disability rights.

    The Legal Shift Toward Website Accessibility Under ADA Title III

    The Minnesota decision supports what many businesses and advocates have been saying: websites need to be accessible. While there’s still legal gray area, the trend is clear—courts are treating digital inaccessibility more seriously.

    Congress didn’t limit ADA Title III to physical places, and courts are using that flexibility to apply it to today’s technology. With websites acting as digital storefronts, accessibility is increasingly expected as a baseline.

    Agencies like the Department of Justice also support this view. As websites become central to how businesses operate, they must be designed with accessibility in mind.

    Actionable Steps for Compliance with ADA Title III

    If your business operates online, now is the time to prioritize accessibility. Here are some practical, proven steps to move in the right direction:

    Conduct Accessibility Audits

    Use a mix of automated tools and manual checks to find and fix barriers that prevent access.

    Implement WCAG Guidelines

    Follow the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA to ensure your content is usable for people with disabilities.

    Train Development Teams

    Make sure developers and designers understand accessibility best practices from the start.

    Engage Users with Disabilities

    Include people with disabilities in your testing process—they offer insights that no automated tool can.

    Maintain Ongoing Compliance

    Use tools like a11y.Radar to monitor your site regularly and stay on top of new issues. Accessibility isn’t a one-time fix—it’s ongoing.

    Erkan v. David A. Hidalgo, MD, P.C. provides one example of proactive compliance. There, a judge acknowledged that steps taken to address accessibility concerns helped mitigate legal risk. It’s a good reminder that prevention is always better than response.

    Implications of ADA Title III for Businesses

    This ruling matters most for businesses that sell or provide services online. Failing to address accessibility could lead to legal challenges, negative press, and missed opportunities to connect with customers.

    On the flip side, investing in accessibility shows you value all your users. It can improve user experience, increase brand trust, and even open up new markets.

    The Time to Act is Now

    The Minnesota ruling strengthens the growing understanding that websites are part of the ADA Title III conversation. While not every legal question is settled, businesses have more reason than ever to take accessibility seriously.

    If your website serves the public, this case is a signal to act. Not because you’re forced to—but because it’s the right thing to do.

    To learn more about how to proactively address ADA conformance, schedule an ADA briefing with 216digital today. Our team of accessibility experts is ready to guide your business through every step of the process, helping you stay ahead of evolving legal standards while building a more inclusive web for everyone.

    Greg McNeil

    May 23, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuits, ADA Title III, Title III, Website Accessibility

  • Website Legal Compliance: What You’re Missing

    When you launch a new site, it’s easy to obsess over visuals, page speed, and fancy features. Yet the part that can hurt most—financially and reputationally—is website legal compliance. From privacy regulations to accessibility standards and copyright concerns, missing the mark can lead to fines, lawsuits, and serious damage to your reputation.

    In this article, we’ll break down the core legal areas every website owner needs to understand—and offer clear steps to help you stay protected and accountable.

    The Importance of Website Legal Compliance

    Website legal compliance refers to the set of laws and regulations that govern how websites must operate. This includes how personal data is collected, stored, and shared, how accessible your site is to users with disabilities, and how you handle intellectual property.

    Staying aligned with today’s legal standards shows that your site is built with care and intention. It reflects a clear understanding of your users’ needs, the expectations of regulatory bodies, and the broader responsibility that comes with running an online business. In practice, legal compliance supports everything from user trust to operational stability.

    The Rules Are Constantly Evolving

    Unfortunately, keeping up with these responsibilities isn’t always straightforward. Legal standards on the web are constantly shifting—what’s acceptable today might fall short tomorrow. New laws roll out, existing ones evolve, and enforcement becomes more active.

    Global data privacy regulations like the GDPR, state-level laws such as California’s CCPA and CPRA, and evolving accessibility standards like WCAG 2.2 introduce new layers of responsibility. These shifts—each with their own nuances and timelines—make it clear that staying compliant isn’t something you do once and forget.

    It takes ongoing attention, flexibility, and collaboration across your digital team to keep everything aligned. Approaching compliance with intention—rather than waiting until something goes wrong—helps keep your site stable and your risk low.

    Key Areas of Website Legal Compliance

    As legal requirements continue to evolve, it helps to understand where your responsibilities fall. Legal compliance spans a wide range of areas—from how you handle user data to the specific regulations that apply to your industry. Breaking it down into manageable parts can make the process feel more focused and achievable.

    Data Privacy & Protection

    Data privacy is all about respecting and protecting the personal information people share when they visit your website—things like names, email addresses, IP addresses, and browsing activity. It gives individuals the right to understand how their data is used, and the ability to make informed choices about it. This includes having the power to access their information, correct it, or even ask for it to be deleted.

    To support these rights, many countries have passed specific laws that set clear rules for how businesses must collect, handle, and share personal data. These laws apply even if your business is located in a different region, as long as you serve users in those areas. Key examples include:

    • General Data Protection Regulation (GDPR): Governs data protection in the European Union. It applies to any business—no matter where it’s located—that collects or processes data from EU residents.
    • California Consumer Privacy Act (CCPA): Grants California residents the right to know what personal data is collected, request deletion, and opt out of data sales.
    • California Online Privacy Protection Act (CalOPPA): Requires commercial websites and online services that collect personal data from California residents to post a clear privacy policy.
    • Personal Information Protection and Electronic Documents Act (PIPEDA): Canada’s primary privacy law for private-sector organizations, outlining rules for obtaining meaningful consent and handling personal information responsibly.

    These laws are designed to protect users’ privacy, and they often apply based on where your users are—not where your business is. If your website serves visitors in these regions, you’re likely required to comply.

    Where to Start

    If you’re aiming to meet data privacy requirements, begin with a few foundational steps:

    • Post a privacy policy that’s easy to understand and up to date.
    • Use a cookie banner that explains what’s being collected and why.
    • Allow users to access, correct, or delete their personal information.
    • Confirm your third-party vendors handle data responsibly.

    You may also need to address specific regulations, such as the Children’s Online Privacy Protection Act (COPPA) if your site collects data from children, or the Federal Trade Commission Act (FTC) if your business operates in the U.S.

    Accessibility

    Your website should work for everyone—not just some visitors. Web accessibility means designing your site so that people with disabilities can use it without barriers. This includes individuals with vision, hearing, mobility, and cognitive differences. Making your website accessible isn’t just considerate—it’s often required by law.

    Here are some of the key legal frameworks that shape web accessibility standards:

    • Americans with Disabilities Act (ADA): A U.S. civil rights law that prohibits discrimination against people with disabilities. While the ADA doesn’t specifically name websites, courts have increasingly ruled that business websites—especially those tied to physical storefronts—must be accessible.
    • Section 508 of the Rehabilitation Act: Requires federal agencies and organizations receiving federal funding in the U.S. to ensure their websites and digital services are accessible to people with disabilities.
    • Accessibility for Ontarians with Disabilities Act (AODA): A Canadian law that sets mandatory accessibility standards for public and private sector websites in Ontario.
    • California’s Unruh Civil Rights Act: A state law that guarantees equal access to all business services, and has been used to support lawsuits demanding website accessibility.

    All of these laws reinforce the same idea: digital spaces should be usable by everyone. And they’re pushing more businesses to treat accessibility as essential—not optional.

    Meeting Technical Standards

    Legal requirements are one side of the equation—making them work on your site is the other. Once you’ve wrapped your head around the laws, the next step is applying them in a way that actually works for your users and your team.

    The most widely recognized framework for building accessible websites is provided by the Web Content Accessibility Guidelines (WCAG). Aiming for WCAG 2.1 Level AA conformance is a strong, practical target. That includes steps like:

    • Making your site usable with a keyboard
    • Adding alt text to meaningful images
    • Providing captions for video content
    • Using clear structure and strong color contrast

    Implementation: Turning Website Legal Compliance Into Culture

    Run an Audit

    Start by evaluating where you stand:

    • Map how personal data flows through your site
    • Check for accessibility barriers
    • Review cookies, plugins, and integrations
    • Document areas for improvement and assign owners

    Audits give you clarity and a foundation for action.

    Update Your Policies

    Maintain clear, accessible documentation:

    • Privacy Policy
    • Cookie Policy
    • Terms of Service
    • Accessibility Statement

    Avoid legal jargon. Update your policies annually or when regulations change. Place them in visible locations, like your website footer.

    Train Your Team

    Website legal compliance isn’t a solo task. Everyone on your team plays a role:

    • Developers ensure systems protect data
    • Designers build with accessibility in mind
    • Marketers follow consent rules and maintain transparency

    Create a shared checklist and offer periodic training to keep everyone aligned.

    Maintain Ongoing Vigilance

    • Schedule quarterly audits
    • Monitor legal updates from reliable sources
    • Log and address user complaints promptly
    • Track progress on accessibility improvements

    This approach transforms compliance from a one-time task into an ongoing priority.

    Feature an Accessibility Statement

    A good accessibility statement provides:

    • Your current conformance level (e.g., WCAG 2.1 AA)
    • A summary of known issues and planned improvements
    • Contact information for feedback

    Publishing a statement makes your efforts visible and invites accountability.

    Future-Proof Your Website

    Website legal compliance doesn’t happen all at once. It’s woven into how you build, update, and maintain your site over time. From protecting data to improving accessibility, every improvement you make is part of a broader commitment—to your users, to your business, and to doing things right.

    There’s no shortcut, and that’s okay. The point isn’t perfection—it’s consistency. Staying informed, making thoughtful updates, and involving your team means you’re building a foundation that can grow with your business, not against it.


    If you’re unsure where to start or need help making sense of it all, 216digital is here. Let’s talk through your next steps in a quick ADA briefing—no pressure, just practical guidance to help you move forward with clarity.

    Greg McNeil

    May 22, 2025
    Legal Compliance
    Accessibility, ADA Website Compliance, data privacy, GDPR, Legal compliance, Web Accessibility

  • Ease Into Motion: Smarter Animation Accessibility

    Imagine clicking into a website and being hit with swirling graphics, sliding panels, or a bouncing button that just won’t stop. For many people, that kind of animation isn’t just annoying—it’s physically harmful. Dizziness. Nausea. Migraines. Disorientation. For users with motion sensitivity, these effects are all too common.

    As developers, we love using motion to make our interfaces feel alive. But when it comes to animation accessibility, we need to be just as thoughtful about who we’re designing for. Great UI isn’t just beautiful—it’s inclusive. And making motion safer doesn’t mean removing it altogether. It just means giving people control.

    This guide breaks down what you need to know about motion sensitivity, how to comply with the Web Content Accessibility Guidelines (WCAG), and how to build user-friendly animation for your projects using CSS, JavaScript, and real-world techniques.

    Who’s Affected by Motion—and Why It Matters

    Motion sensitivity happens when animations or transitions trigger unpleasant physical reactions. This might include nausea, vertigo, blurry vision, headaches, or even migraines. It’s especially common for people with:

    • Vestibular disorders
    • Autism spectrum disorder
    • ADHD
    • Epilepsy

    In fact, over 35% of adults experience some kind of vestibular dysfunction by age 40. That’s not a small edge case—it’s a significant part of your user base.

    The Trouble With Flashing and Distractions

    Animations can also cause cognitive overload. Users with ADHD or processing differences may find it hard to stay focused when elements are constantly moving. Looping carousels or animated background transitions can pull attention away from the main content or calls to action.

    And then there’s photosensitive epilepsy. About 3% of people with epilepsy can have seizures triggered by flashing lights—especially red-on-black or high-contrast flickers. That’s why WCAG has strict guidelines around flash frequency.

    WCAG and Animation Accessibility: What to Follow

    Before diving into the specifics, it’s important to understand that these aren’t arbitrary rules—they exist to protect people. Animation accessibility is a fundamental part of inclusive design, and these guidelines offer a framework that helps you avoid unintentional harm.

    Key Guidelines

    • 2.2.2 – Pause, Stop, Hide: Any moving content that starts automatically must have a clear way to pause or hide it, unless the motion is essential.
    • 2.3.1 – Three Flashes or Below Threshold: Avoid flashing more than 3 times per second.
    • 2.3.3 – Animation from Interactions: If your animation happens because someone clicked, scrolled, or hovered—it still needs to be safe and optional.

    How to Apply These Guidelines

    • Don’t loop animations forever.
    • Offer controls to pause or stop motion.
    • Never rely on animation alone to convey important info—back it up with text or icons.

    Animation accessibility is about making sure motion adds value without harm.

    Using CSS to Respect Motion Preferences

    What Is @prefers-reduced-motion?

    This media query checks whether a user has asked for less motion in their operating system:

    @media (prefers-reduced-motion: reduce) {
  * {
    animation: none !important;
    transition: none !important;
  }
}

    If users toggle Reduce motion in macOS, iOS, Windows, Android, or Linux, they’ll instantly get a calmer experience.

    Design Strategies

    • Remove parallax scroll and large translations.
    • Swap animated GIFs with a static frame or CSS background-image.
    • Tone down fades and slides—transitions shorter than 250 ms are usually fine.
    • Provide fallbacks that still communicate state changes (e.g., use color or underline instead of a shake animation to signal “invalid input”).

    Giving Users Control With JavaScript

    Even if someone’s system doesn’t request reduced motion, they should still have a choice. Here’s a simple example:

    <button id="toggle-motion">Toggle motion</button>
<script>
  document.getElementById('toggle-motion').addEventListener('click', () => {
    document.body.classList.toggle('reduce-motion');
    localStorage.setItem('reduceMotion', document.body.classList.contains('reduce-motion'));
  });
  // Persist preference between visits
  if (localStorage.getItem('reduceMotion') === 'true') {
    document.body.classList.add('reduce-motion');
  }
</script>

    Then, in your CSS:

    .reduce-motion * {
  animation: none !important;
  transition: none !important;
}

    Let users decide what works for them. Animation accessibility is about empowerment.

    Pause on Hover or Interaction

    You can also pause motion when someone hovers or focuses:

    @keyframes spin { to { transform: rotate(360deg); } }
.loader {
  animation: spin 1.5s linear infinite;
}
.loader:hover,
.loader:focus-visible {
  animation-play-state: paused;
}

    This small touch gives users breathing room without turning off design completely.

    Progressive Enhancement: Accessibility First

    Start safe, layer on flair. Treat the reduced‑motion version as the baseline and add richer animation only if the user hasn’t opted out. This progressive‑enhancement approach prevents regressions—future devs won’t accidentally forget animation accessibility because the “accessible” state is the default.

    /* Base styles: minimal motion */
.button {
  transition: background-color 150ms ease-in;
}
/* Only animate if motion is OK */
@media (prefers-reduced-motion: no-preference) {
  .button:hover {
    transform: translateY(-2px);
  }
}

    You can combine media features to catch multiple needs:

    @media (prefers-reduced-motion: reduce) and (prefers-contrast: high) {
  /* Ultra-accessible styles */
}

    Performance & UX Benefits of Reducing Motion

    • Battery & CPU savings on low‑power devices (less layout thrashing, fewer GPU layers).
    • A cleaner interface helps all users focus on content and calls to action.
    • Lower cognitive load means faster task success—key in e‑commerce checkouts or complex forms.

    When stakeholders balk at “turning off the fun stuff,” show how reduced motion often speeds up perceived performance and increases conversions.

    Testing for Motion Accessibility

    You don’t need to eliminate all animation—you just need to know when and where it matters.

    Use Tools Like:

    • PEAT (Photosensitive Epilepsy Analysis Tool): Checks flash frequency and contrast against seizure‑safe limits.
    • WAVE: Flags continuous animations and missing pause controls.
    • Google Lighthouse: Includes audits for @prefers-reduced-motion.
    • Manual Device Testing: Turn on Reduce motion in the OS and navigate your site—does anything still move?

    Combine automated scans with human walkthroughs—especially for pages heavy on micro‑interactions. Ask testers with vestibular or cognitive disabilities for feedback if possible.

    Responsible Animation Is Good UX

    Animation accessibility isn’t about banning creativity. It’s about respecting user choice, following WCAG, and providing explicit opt‑ins or opt‑outs. When you honor @prefers-reduced-motion, add site‑level toggles, and keep flashes below seizure thresholds, you deliver the best of both worlds: engaging motion for those who love it and a calm, usable experience for those who don’t.

    Need a quick check on your motion strategy—or a deep dive into ADA compliance across your entire front end? Schedule a personalized accessibility briefing with the team at 216digital. We’ll help you uncover hidden risks, refine your animation patterns, and build inclusive experiences that look amazing and feel great for everyone.

    Let’s create motion that moves people—in the right way.

    Greg McNeil

    May 21, 2025
    How-to Guides, WCAG Compliance
    Accessibility, animation, How-to, motion, WCAG, Web Accessibility
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