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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
  • 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
  • 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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