ADA Compliance Archives /Tag

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
Accessible Form Validation: A Developer’s Guide
Forms are everywhere—login screens, signups, feedback surveys, checkout pages. They’re a cornerstone of user interaction on the web. But here’s the thing: if users can’t fill them out easily and accurately, your form isn’t just failing them—it’s failing your business.

That’s where accessible forms come in. Accessible forms aren’t just about ticking boxes for compliance—they’re about creating better experiences for everyone. Whether someone is using a screen reader, navigating with a keyboard, or dealing with cognitive or motor disabilities, your form should guide, inform, and support them from first click to final submit.

This guide will walk you through the essentials of accessible form validation, based on WCAG guidelines 3.3.1 through 3.3.4. No legalese—just practical advice you can implement today.

Meet the Guidelines: WCAG 3.3.1 to 3.3.4

Let’s simplify the four WCAG success criteria most relevant to form validation:
- 3.3.1 Error Identification: If something goes wrong, users need to know what happened and where it happened.
- 3.3.2 Labels or Instructions: Don’t make users guess. Tell them what’s required.
- 3.3.3 Error Suggestion: If they make a mistake, suggest how to fix it. Don’t just point and shake your digital finger.
- 3.3.4 Error Prevention: For serious forms (like taxes, legal documents, or financial data), build in checks to stop mistakes before they happen.
Together, these guidelines form the foundation of truly accessible forms.

Labeling: The First Step Toward Clarity

Every good form starts with clear, semantic labeling. You’re not just adding text—you’re defining meaning and context for both users and assistive technologies.
- Use the <label> element, and link it to the input with for="input-id" and id="input-id".
- Place labels above the form field, not beside or inside. It’s easier to scan and better supported by screen readers.
- Be concise but descriptive. Instead of “Name,” try “Full Name (First and Last).”
Skipping proper labels is one of the fastest ways to make your form inaccessible—and one of the easiest problems to fix.

Inline Error Messaging: Real-Time Feedback That Actually Helps

Don’t let users fill out a whole form only to learn they messed up three fields. Inline validation catches issues in real time, helping users correct them before they submit.
- Position error messages near the field—ideally right below or beside it.
- Keep the language helpful and plain: “Password must be at least 8 characters.”
- Use aria-live="polite" to announce error messages as they appear for screen readers.
This creates accessible forms that support users proactively instead of punishing them after the fact.

Don’t Skip aria-describedby

Want to add help text, error messages, or extra instructions that screen readers can pick up? Use aria-describedby.

This attribute lets you associate one or more descriptions with a form control. It’s a game-changer for accessible forms, especially when validation feedback or detailed guidance is involved.

Example:
```
<input id="email" aria-describedby="emailHelp emailError">
<small id="emailHelp">We'll never share your email.</small>
<span id="emailError">Email is required.</span>
```
You can dynamically update which IDs are referenced based on validation state, ensuring that assistive tech users always get the right context.

About Placeholders: Don’t Rely on Them Alone

We’ve all seen it: fields with placeholder text like “Enter your email,” and no label in sight. Here’s the problem: placeholders disappear as soon as users start typing—and that’s bad news for accessibility.

Use placeholders for examples, not for instruction.
- ✅ “example@example.com” is fine.
- ❌ “Enter your email address” as your only guidance? Not okay.
Also, watch your contrast ratios. Light gray placeholder text on a white background might look trendy, but it can fail WCAG color contrast guidelines—especially for users with low vision.

Smart Form Validation

Validation is about more than catching errors—it’s about building trust. If your form is flaky, unclear, or inconsistent, users will bounce.
- Use client-side validation (like HTML5 validation or JavaScript) for instant feedback.
- Always back it up with server-side validation to catch anything missed and guard against malicious input.
- Block submission until all required fields are valid—and clearly explain why a field isn’t.
Whether it’s a missed checkbox or a mistyped phone number, your form should guide users toward fixing the issue—not leave them guessing.

Crafting Helpful, Accessible Error Messages

Bad error messages are like bad customer service: unhelpful, vague, and frustrating. Let’s fix that.
- Be specific: “Username is required” > “Error.”
- Never rely on color alone (like red borders) to indicate problems. Use symbols (like ❗), text, or both.
- Keep error placement consistent—typically below the input or in the same visual region.
- Use simple language. If someone has to decode your error message, it’s not helping.
This clarity benefits everyone—from screen reader users to someone filling out your form on a noisy subway.

Test It Like You Mean It

Automated tools are great, but they only catch part of the picture.

Start with:
- Lighthouse for quick audits.
- WAVE for spotting contrast or structural issues.
Then go deeper:
- Run through the form with keyboard only—can you reach and complete every field?
- Try it with a screen reader (VoiceOver, NVDA, JAWS). Does it announce labels, instructions, and errors?
- Ideally, test with real users with disabilities. There’s no substitute for lived experience.
Accessible forms are never a “one-and-done” task. They’re a process—build, test, refine, repeat.

Keep Moving Toward More Accessible Forms

Every form you build is an opportunity to include—or exclude—someone. Whether it’s a simple newsletter signup or a detailed application, accessible forms ensure everyone gets a fair shot at completing the task.

This isn’t just about compliance. It’s about craftsmanship. It’s about building smarter, kinder digital experiences—ones that don’t leave users behind.

Need help building forms that meet WCAG standards and feel good to use? Connect with 216digital. We’ll help you create, audit, and refine accessible forms that work for every user—and every device.
Greg McNeil

April 18, 2025

How-to Guides

Accessibility, ADA Compliance, forms, How-to, WCAG, Web Accessibility, web development, Website Accessibility
The Key to Compliance? Continuous Accessibility

When businesses think about web accessibility, many assume it’s a one-and-done task—an issue to be resolved, checked off a list and forgotten. However, true accessibility is an ongoing process that requires regular updates, monitoring, and proactive improvements. Without continuous accessibility efforts, websites can quickly fall out of compliance, leading to legal risks, increased remediation costs, and a frustrating experience for users with disabilities.

For businesses looking to stay ahead, the key to compliance isn’t a single fix—it’s a long-term commitment to digital inclusion.

Why Accessibility Can’t Be a One-and-Done Project

Legal Landscape is Always Changing

The number of digital accessibility lawsuits continues to rise year after year. In 2024 alone, over 4,000 lawsuits were filed, and more than 78,000 demand letters were sent in 2022—an average of over 1,500 per week. These legal challenges highlight the growing expectation for businesses to maintain accessible digital spaces.

At the same time, accessibility regulations continue to evolve. Updates to the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) introduce new requirements that organizations must meet. A website that was compliant last year may not meet the latest standards today. Without continuous accessibility, even well-intentioned businesses can fall out of compliance, increasing the risk of legal action. Keeping up with regulatory changes through ongoing monitoring ensures that your website remains accessible and legally protected.

Technology and Websites Constantly Change

Websites rarely stay the same for long. New products, services, or design changes can quickly introduce barriers if they’re not tested for accessibility. A single line of new code could break an important accessibility feature. That’s why continuous accessibility involves regularly testing your site. You’ll spot problems early, fix them, and keep your site usable for everyone.

Business Risks of Treating Accessibility as a One-Time Fix

Increased Legal Vulnerability

If you ignore continuous accessibility, you open yourself up to legal issues. A website that doesn’t maintain ongoing compliance will have more accessibility gaps. These gaps can lead to lawsuits or demand letters. And once you’re in legal trouble, you’ll face tight deadlines to fix problems. This rushed work disrupts your team and can become very expensive. On the other hand, a business that practices continuous accessibility can stay ahead of potential lawsuits by showing it takes compliance seriously.

Cost of Reactive Fixes vs. Proactive Maintenance

Fixing problems under legal pressure can cost far more than addressing them early. When you wait until someone files a lawsuit or sends a demand letter, you don’t have time to plan your budget or workload. With continuous accessibility, you can schedule regular checks and fixes. You stay in control of your spending and protect your bottom line by avoiding big surprises.

Loss of Control Over Your Development Roadmap

If you get sued for an inaccessible website, you may be forced to pause other important projects in order to fix issues quickly. This can mean cutting back on marketing campaigns, product launches, or site improvements. When you adopt continuous accessibility, you maintain control over your development roadmap. You never have to rush or sacrifice other work because accessibility is always part of your process.

The Competitive Advantage of Continuous Accessibility

Expanding Market Reach

Accessibility is not just about meeting legal rules—it’s also about reaching more people. Many individuals with disabilities rely on websites that meet their needs. By focusing on continuous accessibility, you’re opening your site to a wider audience. In fact, 85% of businesses report that accessibility gives them a competitive edge. When your website is easy to use for everyone, you win more customers and build loyalty.

Stronger Brand Reputation & Customer Loyalty

People notice when a website welcomes them with clear navigation, captions, and other accessible features. A commitment to continuous accessibility tells the world you care about every user’s experience. That’s a message that builds goodwill. Not only does it help people with disabilities, but it also creates a simpler, more direct experience for all visitors. Happier customers are more likely to return and recommend your brand to others.

How to Sustainably Maintain Digital Accessibility

Implementing an Ongoing Monitoring Solution

Your accessibility work should not stop after an initial audit. You need to track your site’s status in real-time. Automated testing tools and manual reviews can show if any new barriers appear. For instance, a11y.Radar by 216digital offers a real-time monitoring and compliance tracking system. This solution is designed to help you practice continuous accessibility without it feeling burdensome. When an issue appears, you can fix it right away, long before it becomes a bigger problem or legal headache.

Accessibility Training & Organizational Buy-In

Many accessibility problems happen because teams don’t know how to avoid them. If developers, designers, and content creators are not trained in best practices, problems sneak in during everyday tasks. That’s why continuous accessibility relies on ongoing training. Encourage your staff to learn about accessible coding, design, and content rules. When everyone sees accessibility as part of their job, it’s easier to maintain compliance over time

.

Partnering with Experts for Long-Term Success

You don’t have to handle accessibility on your own. Working with a team of experts can ease your workload and calm any fears you might have. A trusted partner stays updated on changing rules and new technology. They guide you in making smart choices about your site’s structure and features. By collaborating with experts, continuous accessibility becomes a manageable task rather than a giant project. You keep your site welcoming and compliant without excessive effort.

Future-Proof Your Website with Continuous Accessibility

Accessibility isn’t a one-time box to check off. It’s an ongoing journey that requires regular care and attention. By embracing continuous accessibility, you protect your business from lawsuits, manage your budget more effectively, and reach a broader audience. You also build a reputation for being inclusive, which makes users feel valued and keeps them coming back.

If your business has already taken the first steps with a web remediation project, don’t stop there. Make sure your site stays compliant by practicing continuous accessibility as part of your standard workflow. You will save money, avoid risks, and serve a diverse group of people who might otherwise be left out.

At 216digital, we understand that continuous accessibility may sound daunting. That’s why we offer expertise and tools like a11y.Radar, a real-time monitoring solution. Together, we can keep your site compliant and user-friendly. It’s time to future-proof your website, protect your brand, and ensure a better online experience for everyone. Because when you invest in continuous accessibility, you invest in long-term success—both for your business and for the people who depend on it.

Greg McNeil

March 7, 2025

Web Accessibility Monitoring

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

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

What Does “Moot” Mean in ADA Lawsuits?

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

How This Applies to ADA Lawsuits

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

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

What Factors Decide If a Case Is Moot?

When You Fix the Problem Matters

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

Proof That the Fix Is Permanent

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

Ongoing Accessibility Efforts Matter

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

Does Fixing Accessibility Issues Make the Lawsuit Go Away?

Short Answer: Not Always

It may seem logical that correcting your site’s accessibility issues would end the legal fight, but lawsuits can persist even after changes are made. Here’s why:
- Attorneys’ Fees and Costs: Plaintiffs often request attorney fees under federal law, which allows the prevailing party to recover these costs. Even if you fix the problem, the plaintiff might claim they deserve compensation for time and resources spent filing the lawsuit.
- Compliance Verification: The court or plaintiff may want proof that your website remains compliant long term. This can involve audits, monitoring, or reporting requirements.
- Bad Faith Litigation: Certain “serial litigants” file multiple lawsuits seeking quick settlements. Even after you fix the issues, these litigants could still pursue a settlement or legal fees.
When Could the Case Be Dismissed?

A court may dismiss a case if it’s truly moot, which typically requires showing a solid commitment to ongoing compliance. For instance, if you’ve:
- Hired an accessibility consultant to thoroughly audit your site.
- Corrected all the reported issues.
- Adopted a formal accessibility policy.
- Implemented regular testing and maintenance to keep your site accessible.
If you can persuade the court there’s virtually no chance the same accessibility barriers will return, the lawsuit might indeed be dismissed as moot. However, the burden is usually on you to prove you’ve made genuine, lasting efforts.

Why Proving Mootness Can Be Hard

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

The Business Bears the Burden of Proof

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

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

Diaz v. Kroger

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

Haynes v. Hooters

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

What Businesses Should Do to Avoid Lawsuits

Stay Ahead of the Game with Accessibility Audits

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

Develop an Accessibility Plan

A strong accessibility plan signals to courts (and customers) that you take the ADA seriously. This plan should include:
- Clear Accessibility Policies: Document your commitment to making your website and business accessible.
- A Real Budget for Improvements: Allocate funds for accessibility updates and necessary technology.
- Scheduled Audits and Training: Conduct regular reviews and train your team to maintain accessibility every day.
Document Everything

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

Team Up with 216digital to Stay ADA-Compliant

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

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

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

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

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

February 21, 2025

Legal Compliance

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

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

The Americans with Disabilities Act: An Overview

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

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

The Risks of Non-Compliance

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

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

Costly Settlements & Legal Fees

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

Civil Penalties

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

Harm to Brand Reputation

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

Mandatory Remediation

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

When Do You Need an ADA Lawyer?

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

Receiving a Demand Letter or Lawsuit

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

Navigating ADA Compliance Standards

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

Reviewing Accessibility Policies and Practices

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

What Is an ADA Lawyer?

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

How is an ADA Lawyer Different from Your Current Attorney?

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

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

What to Look for When Hiring an ADA Lawyer

Proven Experience in ADA and Digital Accessibility Cases

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

Deep Knowledge of WCAG and Accessibility Standards

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

Strong Reputation and Reliable Referrals

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

A Proactive, Compliance-First Approach

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

Clear, Upfront Pricing

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

Proactive Steps to Avoid Legal Issues

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

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

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

Start Your Journey Toward Accessibility Today

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

February 18, 2025

Legal Compliance

accessibility laws, ADA Compliance, ADA Lawsuit, ADA Lawyer, Web Accessibility
ADA-Compliance Fines: How Much Will You Pay?
Have you ever tried to use a website that was confusing, cramped, or just plain hard to read? Now imagine how much more frustrating it could be if you were relying on a screen reader or keyboard navigation because of a disability. That’s where ADA-compliance comes in. It’s about making sure everyone—regardless of ability—can enjoy and use your website.

If your site isn’t ADA-compliant, you could be responsible for major fines. These penalties can reach tens of thousands of dollars and climb even higher for repeat violations. Besides the financial hit, failing to comply can scare away customers, invite negative press, and harm your brand. It’s not a pretty picture.

Below, you’ll find a guide that combines vital insights about ADA-compliance: what it is, who needs to follow it, how fines are calculated, and how to avoid common slipups. Let’s jump in.

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) was signed into law in 1990 to ensure that people with disabilities are treated fairly in various aspects of life. It was originally applied to physical spaces, such as offices, restaurants, and other public venues. However, as online services and websites became central to daily life, courts began to include the digital space under ADA regulations.

Who Needs to Follow ADA-Compliance?

If your website or digital tool is offered to the public, you likely need to comply with the ADA. This includes large retailers, small businesses, nonprofits, government sites, and e-commerce stores with no physical location. Courts often view websites and apps as “public accommodations,” meaning they must be as open to everyone online as a physical store or library is in person.

Even if you do have a storefront, you might be surprised to learn that ADA-compliance still matters. As long as people can visit your digital space, you have a legal duty to make it accessible to those with disabilities.

ADA Compliance Fines and Penalties

The ADA has five main sections, or “titles”:
1. Title I: Employment – Overseen by the Equal Employment Opportunity Commission (EEOC).
2. Title II: Public Services – Managed by the Department of Justice (DOJ).
3. Title III: Public Accommodations – Also enforced by the DOJ.
4. Title IV: Telecommunications – Governed by the Federal Communications Commission (FCC).
5. Title V: Miscellaneous Provisions – Covers other ADA rules and details.
Both government agencies and private individuals can bring a lawsuit. If the DOJ believes your violation is especially serious, it might launch an investigation, require you to pay fines, and order you to fix your site. Individuals who face barriers can also sue you for blocking their access.

Fines for Non-Compliance

If you’re found guilty of violating ADA-compliance, the penalties can be steep:
- First-Time Violations: Penalties can range from a few thousand dollars up to $75,000.
- Repeat Violations: If an organization violates the ADA again, the fines can rise to $150,000 or more.
- Legal Fees: You may also have to cover legal costs for both your own business and the person who filed the complaint.
Fines can grow even higher if the problem persists. Business owners sometimes face ongoing penalties until they fix the issues. This can take a heavy toll on smaller companies that do not have large budgets. Apart from financial damage, there is also the risk of negative press. A major lawsuit can harm your brand and push potential customers away.

Common ADA Violations

Many people do not realize their websites have barriers for users with disabilities. The following are some of the most frequent problems:
1. Lack of Alt Text for Images: Screen readers rely on alt text to describe images. Without it, a person with a vision impairment might not know what the image shows.
2. Videos Without Captions: People who are deaf or hard of hearing need captions to understand the audio. Captions also help users who cannot listen to sound at a given moment.
3. Poor Color Contrast: Text that blends into the background is difficult to read. High contrast between text and background helps everyone.
4. Missing Labels on Forms: Online forms should have clear labels for each field. Labels guide screen readers and offer clarity to all users.
5. Keyboard Navigation Problems: Some users cannot navigate a website with a mouse. They rely on the keyboard instead. If your site has items that cannot be accessed by tabbing or arrow keys, it may cause trouble.
Lawsuits and Legal Actions

Government-Initiated ADA Lawsuits

If the Department of Justice sees your company as a major offender, it might file a lawsuit. This can lead to large fines, mandatory site changes, and ongoing monitoring. Past cases, like H&R Block and Peapod, show the DOJ doesn’t hesitate to step in when businesses ignore ADA-compliance.

Private ADA Lawsuits

Users who encounter barriers on your site can also file a suit. In states such as California, the Unruh Civil Rights Act sets a $4,000 penalty for each violation, while in New York, the Human Rights and Civil Rights Acts allow for legal action. These laws often motivate people to bring cases in states where they see better chances of winning.

Costs Beyond Fines
- Legal Fees: Defending a lawsuit can rack up thousands in attorney fees.
- Settlements: Many businesses settle out of court, which still means paying money and fixing the accessibility issues.
- Reputation Hits: Negative headlines can scare off customers and partners alike.
Practical Tips to Stay ADA-Compliant

Knowing what the common problems are is a good start. Here are practical steps to fix them:
1. Follow WCAG Standards: Aim for at least Level AA of the Web Content Accessibility Guidelines (WCAG) 2.2.
2. Run Accessibility Audits: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
3. Train Your Team: Train your staff, especially those involved in website management and content creation, about the basics of ADA-compliance.
4. Gather User Feedback: People with disabilities can test your site and point out areas that need work.
5. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
Conclusion: Start Your ADA-Compliance Journey Now

ADA-compliance isn’t just about avoiding fines or lawsuits—it’s about building a more inclusive online world. By making your site accessible, you allow people from all backgrounds and abilities to connect with your brand. This fosters loyalty, trust, and a sense of community among your visitors. Yes, ignoring ADA-compliance can lead to huge fines and serious legal trouble, but it also means losing out on customers who might truly need your services.

Don’t wait for a lawsuit or a complaint letter before you act. Every day that passes is another chance for your website to be more welcoming and user-friendly. If you’re unsure about where to start or need a partner to guide you, we’re here to help.

Schedule a briefing with 216digital using the contact form below to talk about your website’s accessibility needs. Our dedicated team will walk you through each step, from identifying problem areas to crafting a clear plan for full ADA-compliance. With the right support, you’ll not only protect your business—you’ll create a digital space that people can appreciate, trust, and enjoy.
Greg McNeil

February 17, 2025

Legal Compliance

accessibility laws, ADA Compliance, ADA Lawsuits, Web Accessibility
accessiBe’s AI Claims Fall Short—FTC Proposes $1M Fine

In a significant move underscoring the importance of truthful marketing in digital accessibility, the Federal Trade Commission (FTC) has proposed a $1 million fine against accessiBe, a company known for its AI-driven web accessibility tool, accessWidget. The FTC alleges that accessiBe misrepresented the capabilities of its product, claiming it could render any website fully compliant with the Web Content Accessibility Guidelines (WCAG), which set the standard for web accessibility.

FTC’s Allegations Against accessiBe

According to the FTC’s complaint, accessiBe advertised that its accessWidget could make websites fully WCAG-compliant through a simple integration process. The company asserted that by adding a single line of code, websites would immediately comply with 30% of WCAG requirements, with the remaining 70% addressed by the AI within 48 hours. However, the FTC found these claims deceptive, stating that the accessiBe widget failed to make essential website components—such as menus, headings, tables, images, and recordings—conformant with WCAG standards.

Furthermore, the FTC highlighted that accessiBe engaged in misleading marketing practices by presenting paid endorsements as independent reviews, violating transparency norms. The proposed settlement includes the $1 million fine and mandates that accessiBe cease making unsubstantiated claims about its product’s capabilities and disclose any material connections with endorsers.

Legal Challenges Faced by accessiBe

This FTC action is not the first legal challenge for accessiBe. The company has faced criticism and legal scrutiny over its accessibility solutions. In 2024, a class-action lawsuit was filed against accessiBe, alleging breach of contract and other claims related to the efficacy of its products.

Limitations of AI in Web Accessibility

The situation with accessiBe brings to light the broader limitations of relying solely on AI for web accessibility. While AI tools can assist in identifying and addressing certain accessibility issues, they often lack the contextual understanding necessary to handle complex web elements. For instance, AI might misinterpret images, provide insufficient alternative text descriptions, or overlook interactive components crucial to the user experience. These shortcomings can result in websites that remain inaccessible to individuals with disabilities, despite the implementation of AI solutions.

Moreover, AI-driven tools may struggle with context-specific issues and ethical considerations, necessitating human intervention to ensure comprehensive accessibility testing. For example, AI might not fully understand the context of certain content, leading to false positives or negatives.

For more information on automated testing, please read our article “Website Accessibility: Are Overlays Just Hiding the Problem?“

Best Practices for Achieving True Compliance

Achieving genuine web accessibility compliance requires a multifaceted approach that combines automated tools with human expertise. While AI can be a valuable asset in identifying potential issues, it should not be relied upon exclusively. Manual audits conducted by accessibility experts are essential to address nuanced and context-specific barriers that AI might miss.

Incorporating user testing, particularly involving individuals with disabilities, can provide invaluable insights into real-world accessibility challenges. This collaborative approach ensures that websites comply with technical standards and are genuinely usable for all individuals.

Partnering with Experts for Comprehensive Accessibility Solutions

Businesses aiming for authentic accessibility compliance should seek partnerships with organizations that offer a blend of automated tools and expert human evaluation. For instance, 216digital provides comprehensive accessibility services encompassing AI-driven assessments, manual audits, and user testing. By collaborating with such partners, companies can ensure that their digital platforms comply with legal standards and are accessible to all users.

Conclusion

The FTC’s proposed fine against accessiBe is a stark reminder of the importance of transparency and honesty in marketing accessibility solutions. While AI offers promising tools to achieve web accessibility, it is not a standalone solution. A comprehensive approach integrating AI capabilities with human expertise and manual audits is essential for proper compliance and inclusivity. Businesses must remain vigilant and committed to genuine accessibility efforts, ensuring their digital content is accessible to all individuals, regardless of ability.

Ready for a solution that truly works? Schedule a free ADA briefing with 216digital. Simply fill out the contact form below, and let’s take the next step toward making your site accessible for all. We’ll help you avoid the pitfalls that landed accessiBe in trouble and guide you toward long-lasting, legally sound solutions.

Greg McNeil

February 10, 2025

Legal Compliance

accessiBe, Accessibility, ADA Compliance, Ai and Overlay Widgets, Website Accessibility
Is Your Website an Accessibility Heartbreaker?
Imagine this: You’re on a first date. The atmosphere is warm, the conversation flows easily, and everything feels right. That’s the power of a great first impression. Now, imagine the opposite—a cold, awkward encounter where nothing seems to click. Not exactly the love story you were hoping for, right?

Well, your website’s first impression works the same way. An accessible website makes users feel welcomed, valued, and engaged—just like a great first date. It’s the kind of experience that keeps them coming back for more. But, if your website isn’t accessible, it can be a huge turnoff. Users will get frustrated, bounce off your site faster than a bad date, and you’ll lose valuable business opportunities. Worse yet, accessibility issues can even lead to legal risks. No one wants that heartbreak.

In this article, we’re going to talk about common accessibility mistakes that could break users’ hearts and, more importantly, how to fix them. Let’s make sure your website is a love story in the making!

Common Accessibility Heartbreakers (Mistakes to Avoid)

Just like a bad date can ruin your chances for a second one, these accessibility mistakes can send users running for the door. Let’s fix these issues before they break anyone’s heart.

1. The Ghosted Visitor: No Keyboard Navigation

Imagine trying to navigate a website without a mouse. For many users with mobility impairments, the keyboard is their only way of interacting with your site. If they can’t use the Tab key to move through links, buttons, or form fields, they’re essentially locked out.

Fix

Make sure all interactive elements are accessible via keyboard. This includes buttons, links, form fields, and menus. Also, don’t forget about the :focus state to show users where they are on the page. And, please—no keyboard traps! These occur when users can’t escape pop-ups or dropdowns using their keyboard. No one wants to be stuck on a bad date (or website)!

2. The Mixed Signals: Low Contrast & Illegible Fonts

Ever tried reading a text message with tiny, light-colored text against a white background? Not easy, right? Now, imagine the same thing on your website. Low contrast and hard-to-read fonts create accessibility barriers, especially for users with visual impairments or color blindness.

Fix

Follow the Web Content Accessibility Guidelines (WCAG) contrast ratios—4.5:1 for normal text and 3:1 for large text. Choose fonts that are easy on the eyes (think: no overly decorative or script fonts). Also, give your text some breathing room by adjusting the spacing between letters, words, and lines. A little space goes a long way in readability!

3. The Silent Treatment: Missing Alt Text & Screen Reader Issues

When you don’t provide alt text for images, it’s like leaving a text on read. Users who rely on screen readers won’t be able to understand what the image is about, and that can make them feel left out. Also, if your graphics aren’t properly described, you’re leaving users in the dark.

Fix

Make sure all informative images have descriptive alt text. If an image is purely decorative, use alt=”” so it doesn’t clutter the screen reader’s output. And don’t forget about interactive elements like buttons or icons—be sure to give them proper ARIA labels or text descriptions.

4. The Disappearing Act: Poor Focus Indicators

Just like you wouldn’t want your date to disappear mid-conversation, you don’t want users to lose track of where they are on your website. When focus indicators are missing, especially when navigating via keyboard, it becomes frustrating and confusing.

Fix

Ensure focus styles are visible and easy to spot. For example, use outline: 2px solid #color; for a visible focus state. Never remove focus outlines with CSS (outline: none; is a dealbreaker!). Make sure to test your site by navigating with the Tab key yourself, so you know exactly what your users will experience.

5. The Confusing Relationship: Inconsistent Heading Structure

Headings are like road signs—they guide users (and screen readers) through your content. If your heading structure is all over the place, it’s like showing up to dinner only to realize your date is more lost than the dessert menu.

Fix

Stick to a consistent heading structure. Use <h1> for the main page title, followed by <h2> for section headers, and <h3> for subsections. Avoid using headings just for styling purposes—use CSS for that! Keep headings concise and meaningful to help users (and screen readers) navigate through your content.

6. The Commitment Issues: Unlabeled Form Fields

Form fields without labels are like trying to have a conversation without saying anything meaningful. For users who rely on screen readers or voice input, unlabeled fields are confusing and make the experience feel like a dead end.

Fix

Clearly label all form fields using <label> elements. If a visible label isn’t possible, use aria-label or aria-labelledby. And when users make mistakes on a form, don’t just say “Invalid input.” Offer helpful error messages with guidance on how to fix the issue.

7. The Unwanted Surprise: Auto-Playing Content

Auto-playing videos or audio are the equivalent of a surprise PDA—some people just aren’t into it. For users with cognitive disabilities, or those using screen readers, auto-playing content can be disorienting and disruptive.

Fix

Give users control over media playback. Allow them to pause, stop, or mute the content. If you must have autoplay, make sure the audio is muted by default. Also, provide captions and transcripts for multimedia content to make it accessible to everyone.

Winning Hearts: Making Your Website More Accessible

Creating an accessible website isn’t just about fixing the mistakes we’ve talked about; it’s about going the extra mile to make sure everyone feels welcome. Here are a few tips to help you win hearts and minds:
- Run an accessibility audit using tools like Lighthouse or WAVE. These tools help you spot potential issues and offer suggestions for improvement.
- Get feedback from real users with disabilities. There’s no better way to find out what works and what doesn’t than by talking to the people who need accessibility features most.
- Follow WCAG guidelines and keep accessibility in mind with every design and development decision. It should be a priority, not an afterthought.
- Make accessibility a long-term commitment. It’s not a one-time fix; it’s an ongoing process. Keep testing and improving to ensure that your site is always inclusive and user-friendly.
Don’t Let Your Website Be a Heartbreaker

At its core, accessibility isn’t just about compliance—it’s about creating an inclusive, welcoming experience that keeps users engaged and happy. When your website prioritizes accessibility, you’re showing every visitor that they are valued, respected, and included. And that’s the kind of love story worth telling.

So, is your website ready to sweep visitors off their feet? Let’s make sure it is. Schedule an ADA briefing with 216digital today to ensure your site is accessible, user-friendly, and legally compliant. Because when it comes to accessibility, the best love story is one where no one gets left out!
Greg McNeil

February 3, 2025

The Benefits of Web Accessibility, WCAG Compliance

Accessibility, ADA Compliance, ADA Website Compliance, WCAG, Website Accessibility
Why ADA Lawsuits Will Continue to Rise in 2025
The number of lawsuits filed under the Americans with Disabilities Act (ADA) has steadily increased over the past decade, and this trend is expected to continue in 2025. Businesses of all sizes, particularly those operating in the digital space, will likely face heightened scrutiny regarding their accessibility practices. Several key factors contribute to the continued rise in ADA lawsuits, from growing awareness of accessibility rights to the expanding scope of digital accessibility challenges. Understanding these drivers can help businesses proactively approach compliance and risk mitigation.

1. Growing Awareness of Accessibility Rights

One of the most significant reasons behind the rise in ADA lawsuits is the increasing awareness of accessibility rights among individuals with disabilities. As digital accessibility advocacy gains momentum, more users are recognizing their right to equal access to websites, mobile apps, and other online platforms. Organizations such as the National Federation of the Blind (NFB) and the American Council of the Blind (ACB) continue to push for more stringent enforcement of accessibility laws, empowering individuals to take legal action when they encounter barriers.

Additionally, social media and digital forums provide platforms for users to share their experiences, amplifying the conversation around accessibility. As more individuals demand equal access to digital spaces, businesses that fail to comply with accessibility standards will become increasingly vulnerable to lawsuits.

2. The Rapid Expansion of Digital Technologies

The explosion of digital technologies, particularly in e-commerce and online services, has introduced new accessibility challenges. Many businesses are rushing to implement AI-driven interfaces, chatbots, and complex navigation structures without considering how these innovations impact users with disabilities. Common accessibility barriers include:
- Poor screen reader compatibility
- Inaccessible forms and checkout processes
- Missing or inadequate alt text for images
- Lack of keyboard navigability
- Videos without captions or transcripts
As businesses expand their digital footprints, accessibility must be a central consideration. However, many companies neglect to prioritize accessibility during development, leaving them exposed to potential litigation.

3. Legal Precedents and Heightened Enforcement Trends

In recent years, landmark ADA lawsuits have set powerful legal precedents, further fueling the rise in litigation. Cases like Robles v. Domino’s Pizza and Gil v. Winn-Dixie have reinforced that digital accessibility falls under the scope of the ADA. These rulings have emboldened individuals and advocacy groups to pursue legal action when accessibility barriers persist.

At the same time, regulatory bodies are stepping up their enforcement efforts. The Department of Justice (DOJ) has issued more explicit guidance on digital accessibility compliance, signaling that noncompliance will not be tolerated. With federal and state regulators increasing their scrutiny, businesses that ignore accessibility requirements risk facing significant legal and financial consequences.

4. The Impact of Accessibility Testing Tools

The evolution of accessibility testing tools makes identifying noncompliance easier than ever. Automated scanners, AI-driven auditing platforms, and real-world testing methods are providing users, advocacy groups, and legal professionals with concrete evidence of accessibility violations.

Tools such as WAVE, Google Lighthouse, and a11y.Radar enables quick and comprehensive assessments of digital properties. As these tools become more sophisticated and widely adopted, businesses that neglect accessibility will find it increasingly difficult to claim ignorance of their obligations. The ability to quickly identify accessibility failures means that potential plaintiffs have more substantial cases, further driving the volume of ADA lawsuits.

5. The Demand for Proactive Accessibility Compliance

With rising legal risks, businesses can no longer afford a reactive approach to accessibility. A growing number of organizations are recognizing the need for proactive accessibility strategies, including:
- Regular accessibility audits
- Compliance monitoring
- Employee training on digital accessibility
- Partnering with accessibility experts for remediation
Despite these efforts, many businesses still fall short due to a lack of knowledge or investment in accessibility initiatives. Those who fail to take proactive steps will face legal repercussions as accessibility enforcement intensifies.

The Time to Act on Accessibility Is Now

ADA lawsuits are projected to rise in 2025 due to growing awareness, digital expansion, legal precedents, and enhanced enforcement. Businesses must recognize that accessibility is not just a legal obligation but also a cornerstone of inclusivity and user experience. By taking a proactive approach to accessibility compliance, organizations can mitigate legal risks, boost customer satisfaction, and contribute to a more accessible digital world.

Now more than ever, it’s crucial for businesses to prioritize accessibility. Those who fail to do so risk costly lawsuits and miss the opportunity to build a more inclusive and equitable online presence. The time to act is now—and 216digital is here to help. Our team understands the complexities of ADA compliance and can guide you through every step of making your website accessible to all users. Contact 216digital today to learn how we can support your organization’s accessibility initiatives and help you stay ahead of rising ADA enforcement in 2025.
Greg McNeil

January 31, 2025

Legal Compliance

2025, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, web accessibility lawsuits

Frost v. Lion Brand Yarn Company Case

Court Decision and ADA Title III Interpretation

Legal Reasoning Behind ADA Title III Decision

Broader Implications of ADA Title III in Digital Accessibility

The Legal Shift Toward Website Accessibility Under ADA Title III

Actionable Steps for Compliance with ADA Title III

Conduct Accessibility Audits

Implement WCAG Guidelines

Train Development Teams

Engage Users with Disabilities

Maintain Ongoing Compliance

Implications of ADA Title III for Businesses

The Time to Act is Now

Meet the Guidelines: WCAG 3.3.1 to 3.3.4

Labeling: The First Step Toward Clarity

Inline Error Messaging: Real-Time Feedback That Actually Helps

Don’t Skip aria-describedby

About Placeholders: Don’t Rely on Them Alone

Smart Form Validation

Crafting Helpful, Accessible Error Messages

Test It Like You Mean It

Keep Moving Toward More Accessible Forms

Why Accessibility Can’t Be a One-and-Done Project

Legal Landscape is Always Changing

Technology and Websites Constantly Change

Business Risks of Treating Accessibility as a One-Time Fix

Increased Legal Vulnerability

Cost of Reactive Fixes vs. Proactive Maintenance

Loss of Control Over Your Development Roadmap

The Competitive Advantage of Continuous Accessibility

Expanding Market Reach

Stronger Brand Reputation & Customer Loyalty

How to Sustainably Maintain Digital Accessibility

Implementing an Ongoing Monitoring Solution

Accessibility Training & Organizational Buy-In

Partnering with Experts for Long-Term Success

Future-Proof Your Website with Continuous Accessibility

ADA Title II Compliance: What Hasn’t Changed

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

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

Upcoming Deadlines for Digital Accessibility

Essential Steps for Title II Compliance

Legal Precedents Are Changing—Is Your Business Ready?

The Path Forward Amid Uncertainty

What Does “Moot” Mean in ADA Lawsuits?

How This Applies to ADA Lawsuits

What Factors Decide If a Case Is Moot?

When You Fix the Problem Matters

Proof That the Fix Is Permanent

Ongoing Accessibility Efforts Matter

Does Fixing Accessibility Issues Make the Lawsuit Go Away?

When Could the Case Be Dismissed?

Why Proving Mootness Can Be Hard

The Business Bears the Burden of Proof

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

Diaz v. Kroger

Haynes v. Hooters

What Businesses Should Do to Avoid Lawsuits

Stay Ahead of the Game with Accessibility Audits

Develop an Accessibility Plan

Document Everything

Team Up with 216digital to Stay ADA-Compliant

The Americans with Disabilities Act: An Overview

The Risks of Non-Compliance

Costly Settlements & Legal Fees

Civil Penalties

Harm to Brand Reputation

Mandatory Remediation

When Do You Need an ADA Lawyer?

Receiving a Demand Letter or Lawsuit

Navigating ADA Compliance Standards

Reviewing Accessibility Policies and Practices

What Is an ADA Lawyer?

How is an ADA Lawyer Different from Your Current Attorney?

What to Look for When Hiring an ADA Lawyer

Proven Experience in ADA and Digital Accessibility Cases

Deep Knowledge of WCAG and Accessibility Standards

Strong Reputation and Reliable Referrals

A Proactive, Compliance-First Approach

Clear, Upfront Pricing

Don’t Skip `aria-describedby`