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  • 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

  • Legal Compliance for Websites: A Guide to Accessibility

    Legal compliance for websites is a key step toward building a welcoming digital space.

    When you create a website, you want as many people as possible to enjoy it. This goal includes users with disabilities who may rely on assistive technology.

    This guide will explain the main laws and guidelines that affect website accessibility. It will also share tips on how to keep your site compliant. By the end, you will have a better grasp of how to protect your business and create a better online experience.

    Why Accessibility Matters

    Accessibility is about making sure that all users, including those with disabilities, can interact with your website. People have different needs. Some use screen readers to hear text read aloud, while others navigate websites by keyboard or voice commands.

    When your website is accessible, you open your doors to a bigger audience. You also reduce legal risks. Many businesses have faced lawsuits for failing to meet these standards. A commitment to legal compliance and accessibility can improve customer trust and brand image.

    Major Accessibility Laws in the United States

    1. Americans with Disabilities Act (ADA)

    The ADA is a civil rights law that bans discrimination based on disability in many areas of public life. Though it does not mention websites directly, courts often view online spaces as public places. This means that business websites need to be usable by people with disabilities.

    A growing number of lawsuits focus on ADA website violations.

    Businesses in retail, hospitality, and beyond have faced legal action. By prioritizing legal compliance and following accepted guidelines, you can lower this risk and help more people access your site’s content.

    2. Section 508 of the Rehabilitation Act

    Section 508 applies to federal agencies and other organizations that receive federal funding. It requires that electronic and information technology, including websites, be accessible. This standard guides agencies on what to do, and it also helps private businesses learn from these rules.

    If you work with government agencies, Section 508 legal compliance might be required in your contracts. This can impact design choices and the tools you use to develop your website.

    International Regulations

    You may operate in more than one country, or you might have users from around the world. Different regions have their own accessibility laws. A few common examples include:

    • European Accessibility Act (EAA): Covers digital products and services in the European Union.
    • Accessibility for Ontarians with Disabilities Act (AODA): Requires organizations in Ontario, Canada, to meet set standards.
    • Australian DDA (Disability Discrimination Act): Digital accessibility is included in its guidelines.

    These laws share a common goal: allowing all people, regardless of ability, to take part in online activities.

    Consequences of Non-Compliance

    Failure to follow these standards can lead to serious problems for your business.

    1. Legal Risks: Lawsuits can be expensive. Defending even one lawsuit can cost tens of thousands of dollars or more, depending on the complexity of the claims.
    2. Reputational Damage: People may avoid businesses that do not serve all users equally. This can lead to negative press or social media criticism.
    3. Lost Opportunities: Many potential customers have disabilities. If they cannot use your website, they will go elsewhere.

    WCAG includes different levels of compliance: A, AA, and AAA. Many legal compliance guidelines suggest aiming for WCAG 2.1 Level AA. This level covers the most common issues without being too restrictive for most businesses.

    The Role of WCAG in Accessibility

    The Web Content Accessibility Guidelines (WCAG), created by the World Wide Web Consortium (W3C), are the most widely accepted standards for web accessibility. They are built around four main ideas:

    1. Perceivable: Users must be able to see or hear your content in some form. This includes captions for videos and text alternatives for images.
    2. Operable: Your site’s features must be usable by different input methods, such as a keyboard.
    3. Understandable: Both the content and design should be clear.
    4. Robust: The site should work well with various assistive technologies, like screen readers.

    WCAG includes different levels of compliance: A, AA, and AAA. Many legal guidelines suggest aiming for WCAG 2.1 Level AA. This level covers the most common issues without being too restrictive for most businesses.

    Best Practices to Maintain Legal Compliance

    Run an Accessibility Audit

    Start by checking the current state of your website. Several free and paid tools can evaluate your site’s accessibility. Examples include:

    • WAVE: Highlights problem areas on your pages.
    • Google Lighthouse: Checks performance and accessibility within Google Chrome.

    Automated scans are helpful, but combine them with real user tests if possible.

    Fix Common Barriers

    After your audit, address any problem areas. Common fixes include:

    • Adding alt text to images.
    • Correcting color contrast so the text is easier to read.
    • Ensuring forms and buttons are usable by keyboard navigation.

    If your videos or audio files do not have captions or transcripts, add them.

    Train Your Team

    Everyone who posts content or updates your website should know basic accessibility practices. Teach them how to add alt text, format headings correctly, and keep color contrast in mind. Regular training prevents future mistakes that can harm accessibility.

    Adopt a Clear Design and Layout

    Use consistent headings, simple menus, and clear labels on your forms. This supports users who rely on screen readers or have cognitive challenges. It also creates a more pleasant experience for all users.

    Review and Update Regularly

    Websites change over time. New pages, features, or media can create fresh challenges. Perform routine reviews to catch any new issues. Keep track of updates to WCAG or other legal compliance guidelines.

    Practical Tools to Assist with Accessibility

    • Screen Readers (NVDA, JAWS): Let you hear how your site sounds to a user with visual impairments.
    • Color Contrast Checkers (WebAIM): Show you if your text and background colors meet recommended contrast levels.
    • Keyboard Testing: Move through your site using only a keyboard. Watch for traps or areas where you cannot reach buttons and links.

    These tools help you spot issues quickly. They also help you confirm that your fixes are working as expected.

    Additional Resources

    If you need more guidance, look into these sources:

    • WebAIM (Web Accessibility in Mind): Provides tutorials and articles on creating inclusive websites.
    • The A11Y Project: A community-driven site with accessibility resources, tips, and tools.
    • W3C Web Accessibility Initiative (WAI): The official home of WCAG, plus other technical resources.

    Learning about accessibility is an ongoing process. Changes in technology and updates to the law mean there is always more to discover.

    Moving Forward with an Inclusive Approach

    Making your website accessible isn’t just about legal compliance—it’s about creating a space where everyone feels welcome. By keeping accessibility in mind, you’re not just protecting your business; you’re also showing your customers that you value their experience and needs.

    Accessibility doesn’t have to be overwhelming. Start with small, intentional steps to improve your site and keep building from there. If you’re unsure where to start or want guidance, let us help. Schedule an ADA briefing with 216digital and get practical advice tailored to your business. Together, we can make your website an inclusive and inviting space for all users.

    Greg McNeil

    January 22, 2025
    Legal Compliance
    Accessibility, ADA, EAA, Legal compliance, Section 508, WCAG, WCAG Compliance

  • Is ADA Compliance the Same as 508 Compliance?

    If you’ve worked on a website or digital content, you know accessibility isn’t just important—it’s essential. But here’s a common question that trips up even seasoned professionals: Are ADA compliance and Section 508 compliance the same thing? While they may seem similar at first glance—both aim to make digital experiences accessible—their differences are crucial, and misunderstanding them could mean focusing on the wrong standards for your audience or business.

    In this article, we’ll unpack the distinctions and overlaps between ADA and Section 508 compliance. By the end, you’ll not only understand what sets them apart but also how to use this knowledge to make your website truly accessible.

    What is ADA Compliance?

    ADA stands for the Americans with Disabilities Act, a landmark law passed in 1990 to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA covers a wide range of accessibility issues, from physical spaces (like ramps and elevators in buildings) to digital spaces (like websites and online services). In the context of websites, ADA compliance means making sure your website is accessible to people with disabilities.

    For websites, ADA compliance means ensuring accessibility for people with disabilities. This includes making your site usable for:

    • Visually impaired individuals using screen readers.
    • Deaf or hard-of-hearing users who rely on captions or transcripts.
    • People with motor disabilities who may use keyboards or alternative input devices instead of a mouse.

    While the ADA itself doesn’t give specific rules for websites, it requires businesses to ensure that their digital services are accessible. This is where guidelines like the Web Content Accessibility Guidelines (WCAG) come into play. The WCAG provides a set of standards for making websites accessible to everyone, including people with various disabilities.

    What is Section 508 Compliance?

    Section 508 is part of the Rehabilitation Act of 1973, a law designed to improve access for people with disabilities, especially in the workplace and in government. Section 508 specifically focuses on ensuring that federal agencies and contractors make their electronic and information technology (EIT) accessible. This includes websites, software, videos, and other forms of digital content used by government employees and the public.

    Section 508 compliance is more specific than ADA compliance because it lays out detailed technical standards for web accessibility. Unlike the ADA, which applies to all public and private entities, Section 508 is focused specifically on federal government entities and those that do business with the government.

    The Key Differences Between ADA and Section 508 Compliance

    Now that we have a basic understanding of both standards let’s take a look at some of the key differences:

    Scope of Applicability

    ADA compliance applies to all businesses, government entities, and organizations that provide public services, including websites, regardless of whether they are working with the federal government.

    On the other hand, Section 508 only applies to federal agencies, federal contractors, and any organizations or companies that receive federal funding or contracts. In other words, Section 508 is more narrow in scope than ADA compliance.

    Specificity of Standards

    ADA compliance serves as a general guideline rather than providing specific technical or legal instructions for web accessibility. Its primary focus is on the principle of accessibility, encouraging the design of websites that are usable by individuals with a variety of disabilities. By prioritizing inclusivity, ADA compliance aims to ensure that everyone can effectively access online content. ADA compliance often refers to the WCAG guidelines for web content accessibility.

    Section 508 compliance is more prescriptive, offering clear technical guidelines for web accessibility. These standards focus on things like screen reader compatibility, color contrast, keyboard navigation, and other specific details.

    Enforcement

    ADA compliance can be enforced through private lawsuits, meaning that individuals with disabilities or advocacy groups can take legal action if a website is not accessible. This has led to a number of high-profile lawsuits in recent years, where businesses were sued for failing to make their websites accessible.

    Section 508 compliance is enforced primarily through audits and inspections conducted by the federal government. If a government agency or contractor is found to be non-compliant, they could lose funding and contracts or be excluded from future government work.

    Similarities Between ADA and Section 508 Compliance

    Even though there are some important differences, both ADA compliance and Section 508 compliance share several key similarities:

    The Goal of Accessibility

    Both ADA and Section 508 aim to make the digital world more accessible to people with disabilities. This means ensuring that websites, online services, and content are usable by people who have visual, auditory, cognitive, or motor impairments.

    Use of WCAG Guidelines

    Both ADA and Section 508 compliance often refer to WCAG as a standard for making websites accessible. While Section 508 has its own set of technical requirements, these overlap with many of the WCAG principles. So, if you’re working on a website, it’s helpful to familiarize yourself with WCAG standards, whether you are concerned with ADA or Section 508 compliance.

    Testing for Accessibility

    Both ADA and Section 508 compliance require you to test your website for accessibility. This can include using screen readers, testing keyboard navigation, checking for proper color contrast, and making sure your site works with assistive technologies like voice recognition software.

    Practical Tips for Testing Your Website for Accessibility

    Whether you’re aiming to meet ADA or Section 508 compliance, here are some practical steps you can take to test and improve the accessibility of your website:

    Use Automated Tools

    There are a number of tools that can help you check for accessibility issues, like WAVE or Lighthouse. These tools scan your site for common accessibility issues like missing alt text for images, poor color contrast, and improper heading structure. While automated tools are helpful, they shouldn’t be your only testing method.

    Manual Testing

    Automated tools can catch some issues, but manual testing is also essential. This might include navigating your site with a keyboard (without using a mouse) or testing your site with a screen reader like NVDA or VoiceOver to see how it works for visually impaired users.

    Get Feedback from Users

    If possible, have people with disabilities test your site. Getting feedback from real users is one of the best ways to identify issues you might not have thought of. You can reach out to local accessibility organizations or use user testing platforms to gather feedback.

    Review Your Content

    Make sure your website’s content is accessible, too. This means providing text alternatives for images, videos with captions, or transcripts and using simple, easy-to-read language.

    Which Should You Focus On?

    Understanding the distinctions between ADA and Section 508 compliance is critical for creating an inclusive, accessible website that meets legal standards. If you’re a business owner, ADA compliance should be your primary concern. Federal contractors and agencies, on the other hand, must adhere to Section 508 requirements.

    The good news? Improving accessibility benefits everyone—not just your users, but your organization too.

    Navigating these regulations can feel daunting, but you don’t have to go it alone. At 216digital, we specialize in tailored accessibility solutions to help you meet both ADA and Section 508 standards. From comprehensive audits to ongoing monitoring, we’re here to guide you every step of the way.

    Ready to make your website accessible to everyone? Schedule an ADA briefing with 216digital and take the first step toward compliance and inclusivity.

    Greg McNeil

    November 19, 2024
    Legal Compliance
    Accessibility, ADA, ADA Compliance, Section 508, Web Accessibility

  • ADA Lawsuits: How They’re Shaping the Internet

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

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

    Why Web Accessibility Matters

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

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

    How the ADA Applies to the Digital World

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

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

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

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

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

    Key Lawsuits Driving Change

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

    Robles v. Domino’s Pizza (2019)

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

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

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

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

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

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

    Bashin v. ReserveCalifornia.com (2023)

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

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

    Evolving Legal Requirements for Web Accessibility

    As the number of ADA lawsuits grows, so do the legal requirements for web accessibility. While there’s no one-size-fits-all standard, the Web Content Accessibility Guidelines (WCAG) have become the go-to benchmark. These guidelines are designed to make websites more usable for people with disabilities and cover areas like:

    • Text Alternatives: Providing descriptive text for images, videos, and other non-text content.
    • Keyboard Accessibility: Ensuring users can navigate sites using only a keyboard.
    • Readable Fonts and Color Contrast: Make sure fonts are easy to read, and colors are distinguishable for people with vision impairments.
    • Video Captions and Transcripts: Offering captions for videos and transcripts for audio content.

    By aligning your website with these guidelines, you reduce the risk of legal challenges and create a better user experience for everyone.

    How Businesses Are Adapting

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

    Investing in Training and Resources

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

    Conducting Accessibility Audits

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

    Integrating Accessibility Features from the Start

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

    Engaging with the Community

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

    Long-Term Implications for the Future of the Internet

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

    Increased Awareness of Inclusivity

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

    Legal Precedents Will Shape Standards

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

    Technological Advancements

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

    A Culture of Accessibility

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

    Conclusion

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

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

    Greg McNeil

    October 22, 2024
    Legal Compliance, The Benefits of Web Accessibility
    ADA, ADA Compliance, ADA Lawsuit, Web Accessibility

  • Avoid ADA Lawsuits: Lessons from Big Companies

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

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

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

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

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

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

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

    3. Nike: Accessibility in the Retail Space

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

    4. Blue Apron: The Subscription Service Challenge

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

    5. KitchenAid: The Importance of Universal Access

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

    6. Fox News Network: ADA in Online Media

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

    7. Beyoncé’s Parkwood Entertainment: Entertainment and Inclusivity

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

    8. H&R Block: Financial Services

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

    9. Burger King: Fast Food, Fast Accessibility Fixes

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

    10. Target: A Retailer Making ADA a Priority

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

    How Small Businesses Are Becoming Targets for ADA Lawsuits

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

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

    The Benefits of Web Accessibility

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

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

    How to Calculate Your Return on Investment (ROI)

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

    To calculate your ROI for ADA Compliance, consider:

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

    How Being Proactive with Web Accessibility Offers an Incredible ROI

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

    Protect Your Online Business

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

    Greg McNeil

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

  • Is Your Restaurant Website ADA Compliant?

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

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

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

    The Rise of ADA Lawsuits Against Restaurant Websites

    What is the ADA?

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

    The ADA’s Impact of Online Interactions

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

    The Growing Trend of Lawsuits

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

    Why Are Restaurants Being Targeted for ADA Lawsuits?

    Restaurants are a prime target for several reasons:

    High Online Traffic

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

    Common Accessibility Issues

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

    Lack of Awareness

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

    Automated Tools for Testing

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

    Common Accessibility Issues on Restaurant Websites

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

    Menus That Aren’t Accessible

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

    No Keyboard Navigation

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

    Unlabeled Form Fields

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

    Color Contrast Issues

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

    Missing Alt Text for Images

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

    What Can You Do to Avoid a ADA Lawsuit?

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

    Get an Accessibility Audit

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

    Use Accessibility Tools

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

    Make Your Menus Accessible

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

    Train Your Team

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

    Work With a Developer Who Understands Accessibility

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

    Stay Informed

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

    Update Your Website Regularly

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

    Wrapping Up

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

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

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

    Greg McNeil

    September 20, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuits, digital accessibility, Restaurants, Web Accessibility
  • What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    As the digital landscape becomes more integral to business operations, the responsibilities of a Chief Financial Officer (CFO) have expanded beyond traditional financial oversight. One area that garnered significant attention is mitigating risks associated with digital Americans with Disabilities Act (ADA) lawsuits. These lawsuits are on the rise and pose a legal threat as well as a financial and reputational one. For CFOs in Corporate America, understanding how to navigate these risks is crucial.

    The Rise of Digital ADA Lawsuits

    The ADA was enacted in 1990 to ensure equal access to public spaces for individuals with disabilities. While initially focused on physical locations, the ADA has evolved to include the digital realm. As more businesses operate online, websites and mobile applications are increasingly considered “public spaces” under the ADA. Companies must ensure that their digital platforms are accessible to people with disabilities.

    Failure to comply with these requirements can result in costly lawsuits. In recent years, there has been a significant increase in digital ADA lawsuits, with thousands of cases filed annually. These lawsuits often target companies with websites or apps that are not accessible to individuals with disabilities, such as those with visual, auditory, or cognitive impairments.

    Why CFOs Should Be Concerned About ADA Lawsuits

    CFOs are responsible for managing their organization’s financial health, which includes mitigating risks that could lead to financial loss. Digital ADA lawsuits represent a significant risk for several reasons:

    1. Financial Penalties: Non-compliance with ADA requirements can result in substantial fines and legal fees. These costs can quickly escalate, mainly if a company is involved in multiple lawsuits. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine.
    2. Reputational Damage: In today’s socially conscious environment, failing to provide accessible digital experiences can harm a company’s reputation. Negative publicity from an ADA lawsuit can lead to losing customer trust and loyalty, ultimately affecting the bottom line.
    3. Operational Disruption: ADA lawsuits can be time-consuming and disruptive to business operations. Companies may need to divert resources to address the legal proceedings and change their digital platforms.
    4. Market Competitiveness: Companies prioritizing digital accessibility are better positioned to reach a broader audience, including the estimated 26% of the U.S. population living with a disability. This can provide a competitive advantage in the marketplace.

    Critical Steps to Mitigating Digital ADA Lawsuit Risks

    CFOs are critical in mitigating the risks associated with digital ADA lawsuits. They can help protect their organization from legal action by taking proactive steps and ensuring compliance with ADA requirements. Here are the key steps CFOs should consider:

    Conduct a Comprehensive Accessibility Audit

    The first step in mitigating ADA risks is to understand the current state of your organization’s digital accessibility. This involves conducting a comprehensive accessibility audit of your website, mobile apps, and other digital platforms. An audit will identify areas where your digital assets fall short of ADA compliance and provide a roadmap for remediation.

    There are different types of accessibility audits, ranging from automated scans to manual testing by accessibility experts. While automated tools can quickly identify some issues, manual testing is essential for detecting more nuanced problems that automated tools might miss. A combination of both methods is often the most effective approach.

    Implement a Remediation Plan

    Once the audit is complete, the next step is implementing a remediation plan to address the identified issues. This plan should prioritize the most critical accessibility barriers and outline a timeline for making the necessary changes. It’s essential to involve key stakeholders, including web developers, content creators, and legal teams, in the remediation process to ensure that all aspects of digital accessibility are covered.

    Establish Ongoing Monitoring and Maintenance

    Digital accessibility is not a one-time project; it requires ongoing monitoring and maintenance. As your organization updates its digital platforms, new accessibility issues may arise—regular accessibility audits and monitoring tools, such as 216digital‘s a11y. Radar can help ensure that your digital assets remain compliant over time.

    Ongoing monitoring is also essential for preventing frivolous ADA lawsuits. By maintaining a high level of digital accessibility, your organization can demonstrate its commitment to compliance, making it less likely to be targeted by opportunistic lawsuits.

    Integrate Accessibility into Your Business Strategy

    CFOs should advocate for integrating digital accessibility into the broader business strategy. This includes incorporating accessibility considerations into the design and development processes of new digital products and services. By making accessibility a core component of your organization’s digital strategy, you can reduce non-compliance risk and create a more inclusive user experience.

    Stay Informed About Legal Developments

    The legal landscape surrounding digital ADA compliance is continually evolving. CFOs must stay informed about changes in regulations, court rulings, and best practices for digital accessibility. This knowledge will enable you to anticipate potential risks and proactively mitigate them.

    Partnering with legal experts who specialize in ADA compliance can also be beneficial. These professionals can guide the latest developments and help ensure your organization’s digital assets align with current legal requirements.

    Build a Culture of Accessibility

    Finally, fostering a culture of accessibility within your organization is critical to long-term compliance. This means educating employees about the importance of digital accessibility and providing them with the tools and training they need to create accessible content and experiences.

    CFOs can lead by example by championing accessibility initiatives and allocating the necessary resources to support them. By embedding accessibility into your organization’s culture, you can create a sustainable approach to compliance that extends beyond the minimum legal requirements.

    Wrapping  Up

    As CFOs in Corporate America, mitigating the risk of digital ADA lawsuits is a critical responsibility. By conducting thorough accessibility audits, implementing effective remediation plans, establishing ongoing monitoring, and integrating accessibility into the business strategy, CFOs can protect their organizations from legal, financial, and reputational harm. Moreover, by building a culture of accessibility, they can position their companies as leaders in inclusivity, ultimately driving long-term success.

    Digital accessibility is not just a legal obligation; it’s a business imperative to enhance your company’s reputation, expand its customer base, and ensure compliance in an increasingly complex regulatory environment. Taking proactive steps today can save your organization from costly lawsuits and contribute to a more inclusive digital world for everyone.

    Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your company.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
  • Do You Need Web Accessibility Monitoring?

    Do You Need Web Accessibility Monitoring?

    Your website is now accessible, but there’s more to be done. Web Accessibility is not a one-and-done task – it’s an ongoing effort to make sure that everyone can easily use and access your site.

    While remediation is an excellent first step, the truth is that you’re just getting started. You now have to keep up the progress you’ve made with your site through constant observation, assessment, and development. 

    In this post, we’ll go over why you need web accessibility monitoring and what you should look for to maintain your digital properties. 

    Challenges in Maintaining Accessibility

    To run an online business successfully, you must be prepared to adapt to constant change. However, updates to your website, such as adding new content or features like forms or plugins, can affect its accessibility.

    Even small changes can create accessibility barriers. Each change carries the risk of making your website difficult to use for people with disabilities,, and you may not even be aware of it.

    Challenges A Website Could Experience

    Here are some common challenges a website might face:

    • Lack of Training: Staff responsible for maintaining the website may lack awareness or understanding of accessibility principles and techniques.
    • Content Updates:  Modifying the website’s content and adding new features. 
    • Third-Party Widgets or Plugins: Websites rely on external plugins and tools, which can be challenging to keep up-to-date and accessible.

    Regular audits and testing are essential to ensure your website is accessible to everyone. One way to do this is through monitoring. But how do you monitor your website?

    What is Web Accessibility Monitoring?

    Accessibility monitoring is an ongoing and proactive process that regularly checks online content for accessibility violations. Think of it as an early warning system, allowing developers and content creators to identify and fix potential barriers quickly.

    There are two ways to monitor accessibility: automated and manual. However, they differ significantly in their approach and the level of thoroughness they provide. Below, you can find a description of both.

    Automated Monitoring

    Automated tools use algorithms to quickly scan web pages for accessibility issues based on predefined criteria. They are efficient for identifying certain barriers, such as missing alternative text for images or improper use of headings. However, automated tools will only catch 30% of issues and should be used with manual testing.

    Manual Monitoring

    Manual testing involves human experts reviewing web pages to identify accessibility barriers using assistive technologies such as screen readers. Human testers can provide a deeper insight that automated tools may miss, such as understanding the context of content or the user experience for people with disabilities. However, manual testing is time-consuming and labor-intensive. It may not be feasible for frequent updates or large-scale projects.

    Why You Should Use a Monitoring Service

    Having a web accessibility monitoring service is crucial for various reasons:

    1. Legal Compliance

    In many countries, including the United States, laws require websites to be accessible to individuals with disabilities. For instance, the Americans with Disabilities Act (ADA) mandates that both state and federal agencies make their online content usable for everyone. Monitoring services are vital in ensuring compliance with these regulations by regularly checking a website’s accessibility.

    To learn more about laws regarding web accessibility, check out our article, “Navigating Digital Accessibility Regulation in 2024.”

    2. Risk Management

    ADA compliance isn’t just a one-time task; it’s an ongoing commitment. Failing to meet accessibility standards can lead to legal risks such as lawsuits and fines. In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility, with over 25% targeting companies previously sued for similar issues.

    Regularly monitoring your website helps mitigate these risks by identifying any violations promptly.

    3. Spotting Barriers Early

    Monitoring services can detect accessibility barriers caused by updates, changes in code, or new content. Addressing these issues early in development can help save time and resources.

    4. Documentation

    These services also document a website’s accessibility level, which is crucial for tracking improvements and proving compliance with standards.

    Analyzing this data helps teams identify recurring issues and patterns, enabling strategic planning to enhance accessibility through regular maintenance and updates.

    5. Enhancing User Experience

    Accessibility isn’t just about following rules; it’s about providing a better experience for all users. Accessible websites are easier to use, leading to higher user satisfaction and retention. Monitoring services enable you to identify usability issues and enhance the overall user experience.

    6. Cost-Effective Development

    Dealing with accessibility issues early in development is more cost-effective than making changes later. Regular monitoring helps catch problems before they escalate, reducing the resources needed for fixes and potential legal fees.

    What to Look for in a Monitoring Service

    Choosing the right web accessibility monitoring service is crucial to ensure your website is usable by everyone, including those with disabilities. Here are key factors to consider:

    1. Accessibility Standards: Check if the service follows recognized standards like the Web Content Accessibility Guidelines (WCAG), covering levels A, AA, or AAA.
    2. Type of Monitoring: Look for a service offering automated and manual testing
    3. Scalability: Check if the service can handle large or multiple websites. It should handle the scale of your site and provide accurate results.
    4. Integration: Select a service that seamlessly integrates with your existing workflows, including your Content Management System (CMS) or development environment.
    5. Reporting: Opt for a service that offers detailed reports for tracking progress.
    6. Training and Resources: Look for resources such as training materials to help your team understand and implement accessibility improvements.
    7. Cost: Evaluate pricing based on factors such as the number of pages, frequency of scans, and additional features.

    Before deciding, try out a few services to find the best fit for your needs. 

    216digital’s a11y.Radar ADA Monitoring

    Ensuring your website remains accessible is an ongoing task, but it needn’t be daunting. With 216digital‘s a11y.Radar ADA monitoring service, you’re equipped with the tools and insights needed to maintain an ADA-compliant website that welcomes all users.

     a11y.Radar is an automated recurring ADA web compliance auditing platform.a11y.Radar ADA monitoring service reports on your ongoing accessibility efforts, whether conducted by your internal digital teams or an outside web agency. Access enhanced dashboards and receive updates to content, code, and user experience that could pose potential blocks to users or threaten your accessibility standards. In addition, our seamless interface allows your team members to view current issues and manage pending adjustments.

    a11y.Radars Key Features include:

    • Dynamic Dashboard Display
    • Compliance Scans
    • Detailed Issues Reports
    • Issues Over Time
    • Manual Testing Reports
    • Email Alerts
    • Current Web Compliance Status

    Schedule a complimentary ADA strategy briefing to speak with one of our accessibility experts about a11y.Radar ADA Monitoring today. 

    Greg McNeil

    June 27, 2024
    Web Accessibility Monitoring
    Accessibility, Accessibility monitoring, ADA, ADA Compliance, web accessibility monitoring, Website Accessibility, Website Accessibility Tools
  • Is Your Website Exempt From the ADA?

    Is Your Website Exempt From the ADA?

    As experts in digital accessibility, we get asked a lot of questions by potential clients. But one question stands out: Why should I make my website accessible if disabled customers can’t use my products or services? Do I have to follow the Americans with Disabilities Act (ADA)?

    It can be hard to know exactly how the ADA applies to your website amidst all the legal jargon and technical standards. Plus, it’s undeniable that implementing and maintaining web accessibility takes time and resources. So, do you need to put effort into making your website accessible for all users?

    It is time we tackled this question head-on and address the elephant in the room. 

    Understanding the ADA

    The ADA is a civil rights law that protects the rights of people with disabilities in all areas of public life. This includes workplaces, schools, transportation, and places open to the public, whether they’re run by the government or by private businesses. 

    For example, the ADA requires employers to provide necessary adjustments, like ramps, to employees with disabilities. The goal is to make sure that people with disabilities have the same opportunities and rights as everyone else.

    We often think of the ADA as only applying to physical places we can visit, like stores or schools. But what about places we visit online, like websites?

    Do Websites Have to be Accessible?

    Websites are not exempt from ADA compliance. Even though the ADA doesn’t directly mention digital accessibility or websites, the Department of Justice (DOJ) has clarified that websites do fall under the ADA’s purview, stating:

    “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    In other words, if your website is not accessible to people with disabilities, it is not compliant with the ADA, as websites are considered public places. But what if a disabled person can’t use your product or service? 

    Are You Exempt From the ADA?

    Some businesses believe they are exempt from ADA compliance if their products or services are not specifically tailored for people with disabilities. However, this is far from the truth. 

    The ADA applies to all businesses, regardless of their target audience. These misconceptions often stem from false assumptions and a lack of context. Let’s explore this issue in further detail.

    Avoiding Assumptions About User Capabilities

    Deaf individuals can be skilled musicians.

    Wheelchair users can drive cars.

    People with physical disabilities excel in sports.

    Sometimes, our assumptions stem from picturing ourselves attempting tasks with specific disabilities. While you might initially struggle with a particular activity, those with disabilities possess unique skills and knowledge.

    Moreover, disabilities vary widely in nature and severity, and what may work for one individual may not hold true for another. Take vision, for instance. While one person might be color blind, another might grapple with legal blindness.

    Even within the same person, capabilities may fluctuate depending on the context. For example, a person with Parkinson’s Disease might be able to walk on certain days but not others.

    Why Someone Might Access Your Content 

    But what if a disabled customer clearly can’t use my products or services? As with anything, context is everything. Let’s take a look at a few real-life examples. 

    Mirrors and the Visually Impaired

    One of our clients was recently sued for ADA compliance by a visually impaired user. If you are wondering why a visually impaired user would be shopping for a mirror, you would not be alone. However, once more, context is everything. 

    A visually impaired person could have many reasons to look at a mirror company’s website. Some examples could include:

    • Buying a gift for a family member or friend
    • Decorations in their home or office
    • Looking for someone else or work
    • The severity of their disability isn’t that severe
    • Interest in the product or service

    However, while some users might wander onto your site with pure intentions, others might be seeking an easy target. 

    The Risks of ADA Non-Compliance

    Over the past 20 years, several lawsuits and DOJ settlements have been filed due to accessibility barriers. Just in 2023, plaintiffs brought 4,605 ADA-related lawsuits to federal and state courts, 683 more than the previous year.

    But that’s not all. In addition to these lawsuits, there were countless demand letters addressing digital accessibility concerns. In 2022 alone, an estimated 1,500 of these letters were sent out every week. These letters typically list the web accessibility issues plaintiffs encountered on the site. Plaintiffs can seek restitution in the form of tens of thousands of dollars.

    The expenses of these lawsuits and settlements can be hefty, covering legal fees, settlements, and damages. By investing in digital accessibility now, your business can avoid getting tangled up in expensive legal disputes down the road.

    A Step Towards ADA Compliance

    If you’re a website owner, you might feel overwhelmed or even caught off guard. But here’s the deal:

    Web and digital accessibility isn’t just about compliance; it’s about inclusivity. Anyone, at any time, may encounter barriers to accessing your website, and it’s your responsibility to accommodate diverse user needs. Whether selling products, offering services, or providing information, your website must be accessible to all users. 

    Here are some steps you can take to improve your digital accessibility:

    1. Conduct an Audit: Scan your website to identify any barriers to accessibility. 
    2. Make a Plan: Address the barriers identified in the audit, prioritizing the most critical ones first. 
    3. Consult the Experts: Consider partnering with an accessibility expert to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements. 
    4. Train and Education: Educate your staff on WCAG best practices and how to maintain accessibility standards moving forward. 
    5. Regular Monitoring: Continuously monitor your website for accessibility issues and address them promptly. 

    Why Federal Web Accessibility Lawsuits Are

    Digital accessibility is not just a legal requirement but a fundamental aspect of providing equal online access to goods and services. To ensure your website complies with the ADA and serves a key demographic — it’s essential to find and fix accessibility barriers on your site. And that’s where 216digital can help.

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

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

    Greg McNeil

    June 20, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Website Accessibility
  • New ADA Title II Guidelines: What You Need to Know

    New ADA Title II Guidelines: What You Need to Know

    For years, digital accessibility advocates and state and local governments have grappled with the lack of clear guidelines regarding web accessibility under the Americans with Disabilities Act (ADA). Thankfully, that’s about to change. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. In this post, we’ll walk you through these updates, explain their implications, and show you how to stay compliant.

    What is ADA Title II?

    The ADA is a landmark civil rights law passed in 1990. It prohibits discrimination against people with disabilities in all public areas. Title II specifically addresses the obligations of public entities, such as state and local governments, to provide equal access to their programs, services, and activities. This includes services, programs, and activities offered online and through mobile apps.

    What Are the New Regulations Under Title II?

    In a significant move towards inclusivity, the new regulations under ADA Title II require all U.S. state and local government websites and mobile apps to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA. Created by the World Wide Web Consortium (W3C), these guidelines are the gold standard for making digital content accessible to individuals with disabilities.

    Following these standards ensures everyone can access essential services like paying taxes, viewing public records, and participating in community events.

    Who is Affected by This New Rule?

    The new ADA Title II rule on accessibility casts a wide net, impacting various entities:

    • State and Local Governments: All branches, departments, and agencies, such as city councils, health departments, police departments, and fire departments.
    • Special Districts: Districts focused on specific public functions or services, like water distribution, public transportation, and park management.
    • Contractors and Third Parties: Companies contracted by state or local governments to provide public services.

    Content Created by Third-party Contractors and Software Vendors

    To comply with the new rule, governments must ensure that all their websites and mobile apps are accessible, including any digital content from third-party vendors or agencies. The rule states that any online content a public entity shares with users must meet accessibility standards, regardless of whether it comes directly from a public entity or a third-party organization under contract.

    For example, suppose a city hires a third-party app to handle parking payments. In that case, that app must meet the WCAG 2.1 AA accessibility guidelines.

    When Will the New Rule Take Effect?

    The final rule took effect in June 2024, 60 days after being published in the Federal Register. Public entities now have two to three years to ensure their websites and mobile apps meet WCAG 2.1 AA standards, depending on their size:

    • Public entities with a population of 50,000 or more: Must comply within two years (by April 24, 2026).
    • Public entities with a population of less than 50,000 and all special district governments: Have three years to comply (by April 24, 2027).

    After these deadlines, state and local governments must maintain WCAG 2.1 Level AA standards for their digital content.

    Why Were These Regulations Made Now?

    Many state and local governments now offer most of their services, programs, and activities online and through mobile apps. This shift has increased the risk of people with disabilities facing barriers when trying to access essential services or participate in civic activities.

    As a result, many organizations sought guidance from the federal government on what ADA compliance looks like for digital content. The Department of Justice‘s (DOJ) new rule provides that clarity by outlining specific technical standards for measuring compliance.

    Associate Attorney General Vanita Gupta emphasized this commitment, saying: “We will use all our tools, including enforcement, to ensure people with disabilities have equal access to online services.”

    How Will the DOJ Enforce Compliance with ADA Title II?

    The new rule will use existing methods for enforcement, including:

    • Self-evaluation and Reporting: Organizations need to regularly check their websites and mobile apps to ensure they meet ADA standards and report their findings to federal agencies.
    • Technical Assistance and Guidance: The DOJ and other agencies provide resources to help organizations understand and follow the ADA Title II guidelines.
    • Public Complaints: Anyone affected by barriers on state or local government websites can file a complaint directly with the DOJ.
    • DOJ Audits and Reviews: The DOJ periodically audits public entities’ websites and mobile apps to find issues that haven’t been reported through complaints.

    What Are the Penalties for Non-compliance?

    Government entities that don’t follow the new regulations could face legal trouble, fines, and orders to fix their websites. If an entity fails to meet the standards on time, several things could happen:

    • Mediation and Resolution: Usually, the first step is mediation to help the entity understand the issues and find ways to fix them.
    • Penalties and Fines: In severe cases or if problems persist, penalties can be imposed to motivate quick action.
    • Mandated Corrective Actions: Entities might have to make specific changes, like redesigning their websites or updating mobile apps.
    • Legal Action: If an entity continues to ignore the rules, the DOJ may take legal action.

    State and local governments must take these regulations seriously and prioritize accessibility.

    How State and Local Governments Can Achieve Compliance

    To comply with ADA Title II, state and local governments must follow WCAG 2.1 Level AA standards. If you’re a government leader or a business working with public entities, here are some steps to ensure compliance:

    1. Conduct an Audit: Start with a thorough web accessibility audit to identify any barriers to user access.
    2. Make a Plan: After identifying the barriers, create a plan to address them, focusing first on the most critical issues.
    3. Use Clear Communication: Use simple and clear language. Provide alternatives like text transcripts for videos and audio content.
    4. Integrate Assistive Technologies: Regularly test your websites or apps with tools like screen readers to ensure they support various accessibility features.
    5. Train Your Staff: Educate your team on best practices for web accessibility to ensure future accessibility.
    6. Set Up Monitoring: Establish ongoing digital accessibility policies and regularly update your platforms based on user feedback, especially from users with disabilities.
    7. Partner with Experts: Seek support from accessibility experts to ensure you meet ADA requirements.
    8. Stay Updated: Keep up with WCAG standards and make necessary updates to your websites and apps.

    Could These Updates Impact Private Businesses Eventually?

    The current update focuses on public sector entities under ADA Title II. However, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This might lead to stricter and uniform accessibility standards in the private sector, affecting businesses and nonprofits interacting with the public.

    Since the mid-1990s, the DOJ has included company websites, e-commerce platforms, and other digital experiences in defining public accommodations. Many U.S. courts have supported this view, ruling in favor of individuals who claim a company’s website is not accessible to people with disabilities.

    However, any proposed rule changes will likely depend on various factors, including the outcome of the next federal election.

    216digital is Here to Help

    The new ADA Title II regulations are a significant step toward making digital spaces accessible for everyone, ensuring that state and local governments provide equal access to their services online. But navigating these changes can be challenging. That’s where 216digital comes in!

    As leading experts in web accessibility, 216digital has the tools, knowledge, and experience to make your online space both compliant and welcoming for all. Our team will work with you to create a strategy that integrates WCAG 2.1 compliance into your development roadmap on your terms. Let us help you make your website compliant and welcoming for all users so you can focus on what you do best—serving your community!

    Don’t wait. Schedule a complimentary ADA strategy briefing today to ensure your digital presence is accessible to everyone.

    Greg McNeil

    June 13, 2024
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, ADA Web Accessibility, ADA Website Compliance
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