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  • ADA Title II Conformance Mistakes to Avoid

    ADA Title II Conformance Mistakes to Avoid

    Let’s start with a familiar scene.

    A resident with low vision tries to pay a utility bill online. The button text fades into the background. They zoom in, squint, and finally give up. Across town, a veteran downloads a benefits form—but the PDF won’t open in their screen reader. They call, wait on hold, and eventually hear the same line everyone dreads: “Try again later.”

    These moments rarely make headlines, but they happen every day. And they’re exactly what ADA Title II conformance is designed to prevent.

    With new deadlines approaching, the clock is officially ticking. The Department of Justice has set clear expectations: every website, mobile app, and digital document must meet WCAG 2.1 Level AA standards to be considered accessible.

    Still, even with those expectations in place, many agencies stumble—not from neglect, but from complexity. Outdated systems, legacy PDFs, limited budgets, and competing priorities all pull in different directions.

    This guide outlines ten of the most common pitfalls local governments encounter—and how your team can avoid them before small issues grow into time-consuming, costly problems.

    1 | Waiting Too Long to Begin ADA Title II Conformance

    One of the most common mistakes is simply waiting. Waiting for next year’s budget, a redesign, or until “things calm down.” But accessibility work takes time—often months, sometimes years—especially when legacy systems or vendor-managed platforms are involved. Every delay widens the gap and makes remediation more expensive.

    Start Small, but Start Now

    Begin with a WCAG 2.1 AA audit that targets your highest-traffic, highest-risk pages—payment portals, permit applications, emergency alerts. Use the findings to build a phased plan: tackle quick fixes first, then move into deeper remediation like PDFs or interactive content.

    Momentum matters more than perfection. Each resolved issue moves you closer to meaningful accessibility—and lasting ADA Title II conformance. But while hesitation can stall progress, so can taking the wrong kind of shortcut.

    2 | Relying on Widgets or “Quick Fixes”

    When deadlines loom, shortcuts start to look tempting. Accessibility widgets and overlays promise instant compliance, but the data tells a different story. Over 20% of ADA web lawsuits in 2024 involved sites using overlays, and many of those tools introduced new barriers for assistive technology users.

    Treat Them as Temporary Support at Best

    Widgets don’t repair flawed code—they mask it. Pair automated scans with manual testing to catch what machines miss. True accessibility isn’t something you install; it’s something you build, maintain, and test continuously. Even agencies that avoid quick fixes can still lose momentum when they misunderstand what an audit actually means.

    3 | Treating the Audit as the Finish Line

    An accessibility audit is a starting point, not a success story. It reveals what’s broken but doesn’t fix it. Too often, agencies check the box once the report arrives, assuming the work is done. Six months later, those same issues remain—and the deadline looms closer.

    Turn the Audit Into a Roadmap

    Assign clear ownership, set realistic timelines, and track each fix to completion. The goal isn’t to admire the findings; it’s to act on them. An audit shines the light, but ADA Title II conformance only comes from follow-through. Once remediation begins, it’s also essential to remember that accessibility extends beyond the desktop experience.

    4 | Overlooking Mobile Accessibility

    For many residents, your mobile site or app is their primary touchpoint with local government. If that experience isn’t accessible, your services aren’t either. Yet mobile testing often gets pushed aside until the very end—when changes are most expensive to make.

    Test Early and Test on Real Devices

    WCAG 2.1 includes mobile-specific guidance on touch targets, gestures, and orientation. Make sure forms resize correctly and navigation works without a mouse. Accessibility should follow the user, not the screen size. And while mobile access is crucial, so are the documents that so many residents rely on for daily interactions.

    5 | Ignoring Accessibility in Digital Documents

    Even when web pages pass compliance checks, PDFs and other downloadable materials often don’t. Forms, meeting agendas, and reports are some of the most common—and most problematic—files on public sites. The DOJ is clear: if a document provides public information or access to a service, it must be accessible.

    Audit Your Digital Library

    Start with frequently downloaded or required documents. Train staff to tag PDFs correctly or, when possible, convert them to HTML pages. Each accessible file removes another barrier and brings your agency closer to full ADA Title II conformance. Of course, even well-prepared teams can find their progress derailed by one common factor: vendors who don’t share the same standards.

    6 | Not Holding Vendors Accountable

    Even when third-party vendors manage your website, accessibility responsibility remains yours. Public agencies can’t outsource compliance. That’s why contracts matter as much as code.

    Bake Accessibility Into Every Partnership

    Specify WCAG 2.1 AA requirements, mandate assistive-technology testing, and require documentation at handoff. Accessibility clauses shouldn’t live in the fine print—they should be measurable deliverables written into the contract. Without vendor accountability, accessibility can erode quietly with each update. And even with vendor alignment, one final validation step ensures your work actually functions as intended.

    7 | Skipping Manual and Assistive-Technology Testing

    Automated tools are valuable, but they can’t replicate human experience. Navigation traps, mislabeled buttons, and confusing reading order often pass automated checks unnoticed.

    Manual Testing Closes That Gap

    Use screen readers, voice navigation, magnifiers, and keyboard-only controls to simulate how real people interact with your site. Better yet, invite users with disabilities to test and provide feedback. Their insights catch what automation never will—and validate genuine ADA Title II conformance. Still, even the most accessible site today can fall out of compliance tomorrow without ongoing monitoring.

    8 | Neglecting Ongoing Monitoring

    Accessibility isn’t a one-time project; it’s ongoing maintenance. A single CMS update or design tweak can reintroduce barriers.

    Make Monitoring Routine

    Schedule quarterly manual reviews and monthly automated scans. Keep a visible feedback form on your website so residents can report issues directly. Treat accessibility like preventative care: small, consistent checks that protect long-term health. But even with regular testing, the strongest defense is an informed team that knows how to prevent barriers before they happen.

    9 | Underestimating Accessibility Training

    Technology identifies issues, but people prevent them. Without training, the same mistakes—missing alt text, unlabeled forms, inaccessible PDFs—keep returning.

    Invest in Continuous Education

    Provide annual, role-specific training for content authors, developers, and procurement staff. Keep it practical: short sessions, clear checklists, and ongoing refreshers. When accessibility knowledge becomes second nature, compliance becomes culture. And when that culture takes root, it’s worth sharing it publicly.

    10 | Failing to Publish a Public Accessibility Statement

    A public accessibility statement isn’t a formality—it’s a promise. It tells residents, We’re committed, we’re listening, and we want your feedback.

    Publish a Concise Statement

    Reference your WCAG standard, list contact information for support, and update it at least once a year. This simple gesture builds transparency and trust—cornerstones of inclusive digital governance.

    ADA Title II Conformance Is About People, Not Just Policy

    Reaching ADA Title II conformance isn’t just about compliance—it’s about people. It’s about ensuring that every resident can access essential public services with independence and dignity.

    When your platforms are accessible, seniors can pay their bills without help. Parents can find school updates easily. Veterans can apply for benefits confidently.

    That’s not a technical milestone—it’s a civic one.

    Start early. Build steadily. Keep accessibility alive through training, monitoring, and accountability. Compliance may be the mandate, but inclusion is the mission.

    If your agency is ready to turn goals into measurable progress, schedule an ADA briefing with 216digital. We’ll help you navigate these ten pitfalls and build a roadmap for sustainable, equitable access for every resident you serve.

    Greg McNeil

    September 30, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Title II, ADA Website Compliance, Web Accessibility, Website Accessibility
  • ADA Title II Compliance: Your 2026 Countdown Begins

    ADA Title II Compliance: Your 2026 Countdown Begins

    April 2026 is fast approaching, and it marks a pivotal shift in how government and educational institutions must deliver their digital services. In April 2024, the U.S. Department of Justice (DOJ) finalized new rules under Title II of the Americans with Disabilities Act, requiring that public entities make their websites and mobile apps conform to WCAG 2.1 Level AA standards.

    This update creates a clear and enforceable standard for digital accessibility—and a fixed timeline. Large entities serving 50,000 or more people must achieve ADA Title II compliance by April 24, 2026. Smaller entities, including towns, special districts, and small school systems, must follow by April 26, 2027.

    This isn’t just about meeting regulations. It’s about ensuring that everyone—including people with disabilities—can use essential public services online, from paying utility bills to registering for classes or receiving emergency alerts.

    Understanding the Scope of ADA Title II Compliance

    The rule applies to nearly all state and local government organizations, including:

    • Cities, counties, and municipalities
    • Public universities and school districts
    • State agencies and special districts such as transit, water, or fire authorities

    It also indirectly includes any private vendors that design, build, or maintain digital platforms for these organizations. Even if a vendor creates or operates your digital platform, responsibility for accessibility—and legal liability—remains with the public entity.

    This broad scope means development, design, content, and procurement teams must work in sync. Accessibility is no longer a “nice to have” feature or a patchwork afterthought. It must be an intentional part of the lifecycle of digital services.

    The New Baseline: WCAG 2.1 Level AA

    For years, WCAG has served as the de facto best practice for digital accessibility. Now, it’s the legal benchmark. ADA Title II compliance requires conformance to WCAG 2.1 Level AA across websites and mobile apps.

    The WCAG framework is built on four key principles:

    • Perceivable: Information must be presented in ways users can recognize and process—through sight, sound, or touch.
    • Operable: All functionality must be usable via a range of input methods, such as keyboards or voice controls.
    • Understandable: Content and interfaces should be clear, consistent, and predictable.
    • Robust: Code must follow accepted standards to work reliably with assistive technologies.

    For developers, this translates into semantic HTML, accessible form structures, proper use of ARIA where needed, support for keyboard navigation, sufficient color contrast, captions and transcripts for media, and responsive design that works across devices.

    Key Deadlines and Limited Exceptions

    The DOJ’s final rule establishes staggered deadlines to account for the varying resources of different entities:

    • April 24, 2026: Large public entities (50,000+ population) and major school districts must comply.
    • April 26, 2027: Smaller municipalities, rural counties, special districts, and small school systems must comply.

    Some content is exempt: archived web materials, third-party content not posted by the entity, individualized password-protected content (like a specific utility bill), preexisting social media posts, and older electronic documents not currently in active use. These exceptions are narrow and shouldn’t be treated as a loophole—most public-facing content still must be accessible.

    Why This Deadline Signals a Shift

    This rule does more than set a date. It establishes a uniform digital standard across public services—and that’s transformative.

    By naming WCAG 2.1 Level AA as the clear benchmark, it ends ambiguity. Public trust is strengthened as people with disabilities gain guaranteed equal access. Legal risk drops as the gray areas that once fueled costly lawsuits and settlements disappear. At the same time, accessibility is pushed to the forefront of digital strategy instead of being treated as an optional side task.

    Accessibility now sits at the center of how public organizations plan, design, build, and maintain their digital platforms.

    A Phased Roadmap Toward ADA Title II Compliance

    Because comprehensive remediation can take months—or longer for complex ecosystems—waiting until late 2025 risks running out of time. A phased approach helps build steady momentum.

    Phase 1: Assess and Organize (Now through Mid-2025)

    Begin by identifying who will lead accessibility efforts. Take inventory of every public-facing digital property, including web apps, mobile apps, forms, and documents. Then schedule a thorough accessibility audit, prioritizing the most used or most critical services like billing systems, course registration, or emergency alerts.

    Phase 2: Plan and Prioritize (Mid-2025 through End-2025)

    Use your audit findings to map out a remediation plan tied to your budgeting cycles. Secure executive buy-in early. Accessibility should be positioned as a matter of governance and public trust, not just a technical task assigned to IT.

    Phase 3:  Remediate and Test (Early 2026)

    Implement code-level fixes, update design patterns, and correct content barriers. Use both automated and manual testing, and incorporate usability testing with people who use assistive technologies. Their insights will surface barriers that automated tools often miss.

    Phase 4:  Embed in Procurement and Governance (Ongoing)

    Update procurement language to require WCAG 2.1 AA conformance for all vendors. Include accessibility testing, documentation, and verification milestones in contracts. Establish internal policies for accessible design and development practices going forward.

    Phase 5 : Maintain Accessibility Long-Term (Post-Deadline)

    Schedule recurring audits, provide continuous staff training, and build accessibility checks into your development and content workflows. Establish a feedback channel for users to report barriers and ensure those reports trigger timely remediation.

    Common Pitfalls That Derail Progress

    Even well-intentioned teams can lose ground as deadlines approach. These are common issues to avoid:

    • Stopping at the audit: An audit reveals issues; it doesn’t fix them. Plan for remediation, re-testing, and validation.
    • Over-relying on automation: Automated tools catch only a fraction of WCAG criteria. Manual reviews are essential.
    • Leaving vendors unchecked: Accessibility obligations don’t end at the contract signature. Require proof of ADA Title II compliance.
    • Relying on overlays or widgets: These often fail to solve root issues and can introduce new barriers.

    Beyond April 2026: Sustaining ADA Title II Compliance

    ADA Title II compliance is not a project that ends on launch day—it’s an ongoing obligation. Accessibility should become a standing component of your governance model.

    Include accessibility reviews in your CI/CD pipelines to catch regressions early. Track and adopt updates to WCAG—2.2 has already arrived, and 3.0 is in development. Maintain documentation of policies, testing protocols, and training records to demonstrate due diligence if audited or challenged.

    And don’t overlook communication. Sharing progress with your community shows accountability and reinforces public trust. Transparency builds confidence, both internally and externally.

    Getting Started Now

    You don’t need to overhaul everything at once. Early, visible progress helps build support and momentum. Start by:

    • Conducting a comprehensive audit to establish a baseline
    • Fixing accessibility barriers on high-traffic pages and applications
    • Training staff who create or maintain digital content
    • Updating vendor contracts and procurement templates with WCAG 2.1 AA language
    • Implementing ongoing monitoring to prevent regressions

    Even these first steps will make your platforms more usable while laying the foundation for full compliance.

    Turning Deadlines Into Opportunity

    The 2026 and 2027 deadlines for ADA Title II compliance are closer than they seem, but they’re absolutely achievable. With a deliberate plan, you can meet the requirements without last-minute scrambles—and create more inclusive digital services in the process.

    This is more than a legal mandate. It’s a chance to improve the experience for everyone who relies on your digital platforms. Starting now allows you to spread out the workload, secure the resources you need, and avoid costly last-minute vendor rushes.

    If you need support, 216digital partners with public entities to conduct audits, provide remediation, train teams, and implement ongoing monitoring.

    Now is the moment to prepare. Schedule an ADA briefing and set your roadmap in motion—on time, on mission, and built to last.

    Greg McNeil

    September 15, 2025
    Legal Compliance
    Accessibility, ADA, ADA Title II, ADA Website Compliance, Title II, Web Accessibility, Website Accessibility

  • ADA Compliance for State and Local Governments

    A resident tried to renew their license, apply for benefits, or register to vote. They found the page—but the form wouldn’t load properly. The labels were missing, the buttons didn’t work with their keyboard, or the error messages didn’t make sense. After a few tries, they gave up. Frustrated, unheard, and now one step further from the help they needed.

    It’s not a rare story.

    When digital government services don’t work for everyone—especially for people using assistive technology—the problem cuts deeper than bad UX. It means someone in your community got left out of a public service. Maybe they missed a deadline. Maybe they called your office, overwhelmed and confused. Or maybe they didn’t say a word, just silently lost faith that their government sees them.

    ADA compliance isn’t a nice-to-have or a compliance checkbox. It’s how public agencies build trust, deliver on their mission, and make sure no one gets shut out. And while it can feel like one more thing on a very long list—it’s not out of reach. Even with tight budgets, limited time, and a small team, meaningful progress is possible.

    Start at the Foundation: Build In, Don’t Bolt On

    Your website is probably the front door to half your services. License renewals, benefit applications, emergency alerts—it all lives online now. So when that door doesn’t open for someone using a screen reader or navigating with a keyboard, the message is clear: this wasn’t built for you.

    And that kind of message doesn’t just frustrate users—it breaks down trust. It also creates extra work for your staff, drives up support requests, and opens the door to compliance issues. It’s a lose-lose.

    The good news? You don’t need a blank slate or a full redesign to make things better. Start where you are, work with what you’ve got, and shift the mindset from “we’ll fix it later” to “let’s make this part of how we work.”

    What the Law Actually Says (And Why It’s Not Just About Lawsuits)

    Let’s clear up the legal side. Yes, digital accessibility is required—and yes, those requirements have recently gotten more specific.

    Title II of the Americans with Disabilities Act now includes digital services. As of April 2024, the DOJ’s final rule requires public sector websites and digital tools to follow WCAG 2.1, Level A and AA. That gives you a defined standard—and frankly, a clearer path forward.

    Then there’s Section 504 of the Rehabilitation Act, which applies to any public service receiving federal funds. If your agency touches education, healthcare, or housing, this rule probably applies to you too.

    And don’t forget the state-level picture. States like California, Colorado, Minnesota, and Illinois have passed their own accessibility laws, some of which go further than federal standards.

    Still, accessibility isn’t just about avoiding legal trouble. It’s about showing residents that your agency is committed to fair access—online, offline, everywhere. Compliance is important. But inclusion is what makes the effort worthwhile.

    WCAG Sounds Complex—But It Boils Down to Four Core Ideas

    You don’t have to memorize the entire Web Content Accessibility Guidelines to start improving accessibility. At its core, WCAG is built on four principles—think of them as your north star:

    • Perceivable: Can people see or hear the content?
    • Operable: Can they interact with it using a keyboard, screen reader, or voice commands?
    • Understandable: Is the information clear, consistent, and logical?
    • Robust: Does the site work across different browsers, assistive tech, and platforms?

    When you keep these in mind while building or updating a digital tool, you’re already making smarter choices.

    Okay, But How Do You Start with ADA Compliance?

    Let’s say you don’t have a dedicated accessibility specialist. Maybe your web team is small. Maybe you wear six hats and accessibility feels like a seventh. Here’s how to make headway anyway:

    Use tools that do the first pass for you.

    Platforms like WAVE, axe, and Google Lighthouse can scan your site for issues like missing alt text, poor color contrast, and unlabeled form fields. These won’t catch everything, but they’ll give you a solid to-do list—especially for easy wins that make a big difference.

    Triage by Traffic

    Start with the digital spaces that matter most: your homepage, your most-used forms, and any system residents rely on during an emergency. These are the areas where accessibility problems cause the biggest real-world consequences—and where fixes bring the biggest impact.

    Teach What Matters To The People Who Touch the Work.

    ADA compliance isn’t just an IT concern. Content editors need to know how to structure text. Designers need to understand color contrast and readable fonts. Even procurement officers should be including accessibility language in contracts. A little role-specific training goes a long way.

    Make It Routine, Not A One-time Fix

    Build ADA compliance into your processes—not just your projects. Add it to your publishing checklist. Review older content during updates. Make it part of procurement, design reviews, and form testing. When it becomes second nature, you avoid the scramble later.

    The Payoff Isn’t Just ADA Compliance—It’s Better Public Service

    ADA compliance improves your service delivery across the board. It helps more people use your tools the way they were intended—without needing to call, email, or show up in person. It also reduces the burden on your staff and helps build public trust.

    And yes, there are cost benefits. When you design with accessibility from the beginning, you avoid expensive rework and reduce your legal exposure. But even more than that, you create digital spaces that feel fair, usable, and modern—qualities your community notices.

    You Don’t Have to Do It All Today—Just Take the First Step

    If you’re still thinking, “We’re not ready,” that’s okay. You don’t have to overhaul everything overnight. ADA compliance is a journey—and the first steps are often the most impactful.

    Start with what you can. Get curious about what’s working (and what’s not). Loop in the people who use your site. And if you need help? Ask for it.

    At 216digital, we offer ADA briefings, a simple, no-pressure way to understand your obligations, identify risks, and plan your next steps.Because digital inclusion isn’t just a standard to meet—it’s a way to serve your community better.

    Greg McNeil

    July 10, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Title II, ADA Website Compliance, state accessibility laws, Title II, Website Accessibility

  • Website Legal Compliance: What You’re Missing

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

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

    The Importance of Website Legal Compliance

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

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

    The Rules Are Constantly Evolving

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

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

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

    Key Areas of Website Legal Compliance

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

    Data Privacy & Protection

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

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

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

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

    Where to Start

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

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

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

    Accessibility

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

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

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

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

    Meeting Technical Standards

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

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

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

    Implementation: Turning Website Legal Compliance Into Culture

    Run an Audit

    Start by evaluating where you stand:

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

    Audits give you clarity and a foundation for action.

    Update Your Policies

    Maintain clear, accessible documentation:

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

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

    Train Your Team

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

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

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

    Maintain Ongoing Vigilance

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

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

    Feature an Accessibility Statement

    A good accessibility statement provides:

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

    Publishing a statement makes your efforts visible and invites accountability.

    Future-Proof Your Website

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

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


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

    Greg McNeil

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

  • Celebrate GAAD: 6 Ways to Support Inclusion

    On Thursday, May 15, 2025, workplaces, campuses, and whole communities will hit “pause” to celebrate Global Accessibility Awareness Day (GAAD)—a grassroots holiday that shines a bright spotlight on digital inclusion.

    GAAD sprang from a single, compelling truth: when more people think about accessibility, more people build with accessibility in mind. The numbers speak for themselves—over one billion people around the globe live with a disability, and all of them interact with the web. Boosting access lifts the experience for everyone, from keyboard-only power users to friends scrolling on cracked phone screens. That’s why GAAD isn’t just a tech-industry affair; it’s a call-out that accessibility fuels brand trust, search performance, and legal peace of mind across every sector.

    If building an inclusive business matters to you, GAAD is your moment to turn good intentions into forward-motion.

    How GAAD Began: A Blog Post That Sparked a Global Movement

    Flash back to 2011. Los Angeles developer Joe Devon dashed off a late-night blog post urging his peers to make accessibility “mainstream.” Toronto-based accessibility champion Jennison Asuncion retweeted it, and the duo launched the first GAAD in 2012.

    Their concept was delightfully simple: one day each May devoted to thinking and talking about accessibility. No required format, no corporate sponsor—just open-source energy. It stuck. Fourteen years later, GAAD events stretch across every continent, from campus demos to enterprise-scale product sprints. The big takeaway? Progress catches fire the moment developers and designers decide today’s the day to try something new.

    Why GAAD Still Matters in 2025

    A decade of lawsuits, legislation, and public advocacy has pushed web accessibility onto mainstream project plans. Plenty of U.S. businesses now bake WCAG success criteria into design systems. Yet snag points remain—untagged PDF order forms, checkout flows that lose focus, videos whose auto-captions garble half the words.

    GAAD serves as a structured pause to ask three energizing questions:

    1. What has improved? Celebrate resolved tickets, fresh color palettes, and alt-text workflows that finally stick.
    2. Where do gaps remain? Surface those pesky “parking-lot” issues that never seem to reach sprint planning.
    3. How can we raise the bar? Turn wish-list ideas into measurable road-map line items.

    Skip this reflection and accessibility efforts stall. Embrace it and teams rediscover energy, secure budget, and align with website-legal-compliance goals.

    What’s In It for Business: Real-World Upside

    • Highlight Your Commitment: Show your accessibility timeline—audit dates, remediation milestones, and future targets—to build trust with customers, regulators, and stakeholders.
    • Strengthen Your Brand: Values-driven shoppers vote with their wallets. Visibility on GAAD proves inclusion is in your brand DNA, not a post-litigation scramble. Expect positive press, boosted employee pride, and a leg up in crowded markets.
    • Engage Your Community: Accessibility stories humanize metrics. A quick screen-reader demo or a customer testimonial about smoother checkout turns policy into empathy—and empathy drives adoption far beyond the dev team.

    Six Meaningful Ways to Celebrate GAAD 2025

    Tip: Pick one or two ideas this year—depth beats volume. Next May, build on what worked.

    Share Your Story

    Craft a LinkedIn post, blog article, or internal memo chronicling your journey—from first spark (maybe an ADA letter, maybe a passionate employee) to key lessons and next goals. Authentic reflection invites peers to chime in with candid feedback.

    Post on Social Media

    Bite-sized content travels farther than white papers. Try a 60-second clip of your new color-contrast fix, a carousel of screen-reader shortcuts, or a punchy stat (“Only 3.1 % of home pages meet basic WCAG color contrast.”) with #GAAD and #AccessibilityMatters. Real, raw, and shareable wins every time.

    Host an Internal Accessibility Chat

    Swap formal workshops for a relaxed brown-bag session. Demo a color-blindness simulator, read sample alt text aloud, or show leadership how one missing label blocks checkout in two keystrokes. Thirty minutes can uncover easy fixes hiding in plain sight.

    Educate Your Team

    Use GAAD as a micro-learning catalyst. Share a five-minute video on ARIA landmarks, drop a Slack thread with a contrast-ratio calculator, or challenge designers to run a screen-reader audit on your top landing page. Small feats build big confidence.

    Start an Accessibility Goals List

    Turn “we should” into “we will.” Pick three goals to nail before GAAD 2026—mandatory alt-text fields in your CMS, automated axe-linter checks in pull requests, or a third-party manual audit every year. Publish the list where product owners can’t miss it.

    Update Your Accessibility Statement

    Keep your public pledge current. Swap vague promises for concrete dates and standards (“As of April 2025, we meet WCAG 2.2 AA on all primary templates”), add a feedback channel straight to your accessibility lead, and spotlight recent wins like reduced-motion options and crisper captions.

    Looking Ahead: Building Daily Culture

    GAAD is the spark, not the whole fire. Long-term inclusion thrives in daily processes, not one-day celebrations:

    • Design sprints: Invite a user with assistive tech into prototype tests.
    • Code reviews: Add a check for semantic HTML and keyboard flow.
    • Content workflows: Make alt-text and caption columns non-optional.
    • Customer support: Train agents to log and escalate accessibility barriers reported by users.

    Celebrate your internal champions—developers who relish accessibility puzzles, marketers who write crystal-clear link text. Recognition programs, dedicated Slack channels, or monthly “a11y show-and-tell” sessions keep the momentum humming even when deadlines loom.

    Your Invitation to Take the Next Step

    GAAD 2025 marks progress, not the finish line. Whether you’re fresh off your first audit or refining mature design systems, there’s always another barrier to remove, another user to welcome. Use the day to celebrate wins, spotlight gaps, and commit to tangible goals.

    Need a roadmap? 216digital offers concise ADA-compliance briefings that turn audits into actionable plans, marrying web-accessibility best practices with website-legal-compliance strategies. Schedule a session and walk away with clear next steps, realistic timelines, and renewed confidence that your site greets every visitor with open arms.

    Let’s turn one Thursday into twelve months of better digital experiences—because inclusion, like code, gets better with every iterate-and-improve cycle.

    Happy GAAD—and happy building!

    Greg McNeil

    May 12, 2025
    Web Accessibility Remediation
    Accessibility, ADA Website Compliance, GAAD, Global Accessibility Awareness Day, Web Accessibility, Website Accessibility

  • How to Comply with the Accessible Canada Act (ACA)

    More than 8 million Canadians aged 15 and older—about 22% of the population—live with a disability. For many Canadians, participating in everyday life isn’t as simple as it should be. Whether it’s trying to book a train ticket online or reading government services on a mobile device, too many still face digital and physical barriers.

    The Accessible Canada Act (ACA) was created to help change that. It’s a law designed to make Canada more accessible for everyone, including online spaces. This guide breaks down what the ACA means, who needs to follow it, and how you can make your website more accessible—without needing to be a tech expert.

    Understanding the Accessible Canada Act (ACA)

    The ACA was introduced in 2018 and became law in 2019. It’s part of Canada’s big-picture goal to be barrier-free by 2040. That means removing obstacles across seven key areas:

    • Jobs and workplaces
    • Physical spaces
    • Digital content and tech (like websites and apps)
    • Communications
    • Buying goods and services
    • Public programs
    • Transportation

    What makes the ACA especially strong is that it was shaped by people with disabilities, organizations, and community leaders. It’s not just a set of rules—it’s a promise to include all Canadians in every part of life.

    Who Needs to Comply with the ACA?

    The ACA applies to federally regulated organizations. This includes:

    • Government departments and agencies
    • Crown corporations (like Canada Post or CBC)
    • Banks and federal financial institutions
    • Telecom companies (like phone and internet providers)
    • Airlines, railways, and ferries
    • Parliament (Senate and House of Commons)

    If you fall into one of these categories, you must follow the ACA. But even if you don’t—say you run a private business or work under a provincial law—following the ACA is still a smart move. It can reduce legal risk, build trust with customers, and improve everyone’s experience with your website.

    The Real-World Impact of Web Accessibility

    Yes, the ACA is a law. But it’s also about something much deeper: inclusion.

    When your website is accessible, it’s easier for everyone to use—not just people with disabilities. Think about clear navigation, readable fonts, and keyboard-friendly features. These help:

    • Older adults
    • People using screen readers
    • Those with low vision or color blindness
    • Anyone using voice commands or assistive devices

    Accessible sites also rank better on search engines, reach wider audiences, and show you care about being fair and welcoming. That’s good for business and even better for community trust.

    ACA Web Accessibility Standards and Guidelines

    To follow the ACA, many organizations use a standard called WCAG 2.1 Level AA (Web Content Accessibility Guidelines). While the ACA doesn’t make this mandatory, it’s the most recognized guide for creating accessible websites.

    WCAG helps you cover:

    • Text alternatives for images (like alt text)
    • Keyboard access for people who can’t use a mouse
    • Readable color contrast and font sizes
    • Clear layout and structure

    Another tool is EN 301 549, a European standard adopted in Canada. It adds more guidance for software, hardware, and mobile apps.

    Using WCAG and EN 301 549 shows you’re serious about accessibility—and helps prove ACA compliance if questions ever come up.

    Who Enforces the ACA—and What Happens If You Don’t Comply?

    Different agencies oversee different sectors:

    • Accessibility Commissioner: Reviews complaints and enforces penalties
    • Canadian Transportation Agency: Handles transport issues
    • CRTC: Monitors telecom and broadcasting
    • FPSLREB: Focuses on federal workplace issues

    If you break the rules under the ACA, you could face:

    • Fines up to $250,000 per violation
    • Compliance orders or warnings
    • Corrective action agreements

    It’s much easier—and smarter—to stay ahead of the curve.

    How to Meet Web Accessibility Requirements

    Start With an Audit

    Use automated tools, but don’t stop there. Pair them with real human testing—especially from people with disabilities.

    Design with accessibility in mind:

    • Add text descriptions to images
    • Make sure all parts of your site work with a keyboard
    • Use simple, readable fonts
    • Keep contrast between text and background strong

    Get Feedback From User

     People with lived experience can help you spot issues you may have missed.

    Test Everything

    Don’t forget about PDFs, videos, and mobile apps—they all need to meet ACA goals, too.

    ACA Reporting and Documentation

    If you’re federally regulated, the ACA says you must publish:

    • An Accessibility Plan: This outlines how you’ll find and remove barriers, and must include input from people with disabilities.
    • Progress Reports: Regular updates that show what’s been done and what’s next.

    These aren’t just paperwork. They’re proof that you’re doing the work—and thinking long-term.

    How to File an ACA Complaint

    If someone feels a business or organization is breaking the ACA, they can file a complaint. The steps include:

    1. Find the right agency (such as the Accessibility Commissioner or CTA)
    2. Submit the complaint online or in another accessible way
    3. Take part in any follow-up investigations

    This system helps ensure people have a voice and that organizations stay accountable.

    Other Accessibility Laws in Canada

    Even if the ACA doesn’t apply to your business, provincial laws might. Here are some examples:

    • AODA – Ontario
    • AMA – Manitoba
    • Nova Scotia Accessibility Act
    • Accessible British Columbia Act
    • Newfoundland and Labrador Accessibility Act

    Many of these laws include WCAG requirements and share similar goals with the ACA: to make sure everyone, regardless of ability, can fully participate in society.

    Helpful Tools and Support

    You don’t have to do this alone. Many resources can help:

    • CASDO (Canadian Accessibility Standards Development Organization): Creates national accessibility standards
    • W3C (World Wide Web Consortium): Offers WCAG guidelines and support
    • Testing tools: Use screen readers, color contrast checkers, and simulators to evaluate your site
    • Ongoing training: Keep your team up to date with the latest best practices

    Make Accessibility a Core Part of What You Do

    Complying with the ACA isn’t about checking boxes. It’s about helping all people feel seen, heard, and included—online and beyond.

    You don’t need to get everything perfect overnight. But you do need to start. The ACA sets a strong foundation, and taking action now puts you on the right path.

    At 216digital, we understand the technical side of accessibility—and the human side, too. Whether you need an audit, a plan, or long-term strategy, we’re ready to help.

    Let’s work together to make the web a better place for everyone.

    Schedule your free consultation today and take the first step toward ACA compliance.

    Greg McNeil

    April 29, 2025
    Legal Compliance
    ACA, Accessibility, ADA Website Compliance, Canada, International Accessibility Laws, 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

  • Progress Over Perfection: Steps Toward Digital Accessibility 

    In today’s digital world, creating websites and content that are accessible to everyone should be a top priority. But let’s face it — making your website completely accessible for every single user can feel like an overwhelming task. That’s where the concept of “progress over perfection” comes into play.

    Achieving digital accessibility isn’t a one-time fix. It’s an ongoing process of continuous improvement. If you aim for perfection from the start, you might get stuck, feel defeated, or even give up. But by focusing on making progress, even small steps, you can create a more inclusive online experience without the stress of reaching perfection right away.

    Let’s break down how you can start building a sustainable approach to digital accessibility with the right mindset, tools, and strategies.

    What Is Digital Accessibility?

    Before we dive into the “progress over perfection” mindset, let’s quickly talk about what digital accessibility really means. Simply put, it’s about making sure that all users, regardless of their abilities or disabilities, can access and use your website, apps, or digital content easily.

    This includes people who may be blind, deaf, have low vision, or have mobility challenges. It also covers people who have cognitive disabilities or those who just prefer to use assistive technology like screen readers, voice commands, or keyboard navigation.

    Digital accessibility can seem like a huge task at first, but it’s not about doing everything perfectly. It’s about making consistent improvements to ensure your site is usable by as many people as possible.

    The Problem with Perfectionism

    When you aim for perfection, the goal can feel so far out of reach that it becomes paralyzing. This is especially true with digital accessibility, where there are lots of technical guidelines and standards (like WCAG – Web Content Accessibility Guidelines) to follow. While these standards are great for ensuring accessibility, focusing on every little detail can slow you down.

    In reality, no website is perfect when it comes to accessibility. Users have different needs, and it’s impossible to design for every potential scenario at once. So, instead of feeling like you need to fix everything at the same time, shift your focus to continuous improvement. Every small step counts, and over time, those steps will add up to a more accessible and inclusive digital experience.

    Why Focus on Progress?

    The beauty of focusing on progress over perfection is that it’s achievable. It lets you start small, tackle the most pressing accessibility issues first, and then build on that foundation. As you implement changes, you’ll gradually improve the user experience, making it better for people with disabilities while also making your website more user-friendly for everyone.

    Here are some reasons why progress over perfection is the way to go for sustainable digital accessibility:

    1. You Don’t Get Stuck: Trying to achieve perfection can leave you frozen in place, unsure of where to start. By focusing on progress, you can tackle one problem at a time and move forward.
    2. It’s More Manageable: Rather than trying to fix everything at once, breaking down accessibility work into smaller tasks makes it more manageable and less overwhelming.
    3. You Can Build Momentum: When you make even small improvements, it creates a sense of accomplishment. This encourages you to keep making changes and adding new updates over time.
    4. It’s Realistic: Perfection doesn’t exist when it comes to accessibility. There will always be more to improve, so aiming for progress keeps you focused on what matters.

    Practical Tips for Achieving Digital Accessibility

    Now that we understand the importance of progress, let’s talk about some practical steps you can take to make real improvements to your site. You don’t need to do everything at once, but here’s how you can start moving toward a more accessible website today:

    Start with Low-Hanging Fruit

    When you’re just getting started, it’s helpful to identify and address the “low-hanging fruit” — the quick wins that will make the biggest impact with the least amount of effort. These might include:

    • Alt Text for Images: Add descriptive alt text to images so screen readers can convey the meaning of those images to users with visual impairments.
    • Keyboard Navigation: Make sure that all interactive elements (like forms, buttons, and links) can be accessed using only a keyboard.
    • Color Contrast: Ensure that text has enough contrast against the background so users with low vision can read it easily.

    By making these changes, you’re addressing immediate barriers that can make a huge difference in how accessible your website is for many users.

    Integrate Accessibility into Your Workflows

    To create long-term sustainability, accessibility shouldn’t be something you do only once or twice. It needs to be built into your everyday workflow. Whether you’re designing a new page, creating content, or updating a feature, think about accessibility from the start.

    Here are a few ways you can integrate accessibility into your routine:

    • Involve Accessibility from the Beginning: If you’re working on a new website or a redesign, include accessibility from the very start of the project. This way, accessibility considerations become part of the foundation.
    • Use Accessible Tools and Templates: Many website builders, content management systems (CMS), and templates have accessibility features built-in. Make sure you’re using those tools to save time and reduce errors.
    • Educate Your Team: Make sure everyone involved in content creation and site maintenance understands basic accessibility principles.

    Get Real Feedback from Users

    One of the best ways to improve accessibility is to hear directly from users. Real people with disabilities can give you valuable insight into how they experience your website and where the barriers lie. This is far more effective than guessing or relying solely on automated testing tools.

    You can:

    • Conduct User Testing: Recruit users with various disabilities to test your site and provide feedback. This can help you uncover issues you might have missed.
    • Engage with Your Audience: Ask for feedback through surveys or comments. Listen to your users, and if they point out areas for improvement, make a plan to address them.

    Use Tools for Continuous Monitoring

    To ensure your website stays accessible over time, use tools that can help you identify and fix problems as they arise. One such tool is a11y.Radar.

    A11y.Radar continuously scans your website for accessibility issues and provides you with actionable reports. This allows you to stay on top of accessibility improvements without needing to manually review your entire site. With regular scans, you can catch issues early and keep your site in good shape.

    It’s All About Consistent Improvement

    Remember, the goal of digital accessibility isn’t to be perfect; it’s to be inclusive. Every improvement you make is a step toward creating a better, more accessible experience for all your users. By focusing on progress over perfection, you’ll keep moving forward without getting stuck in the weeds.

    So, don’t be afraid to start small. Address the most pressing accessibility issues first, integrate accessibility into your workflows, engage with real users for feedback, and use tools to monitor your progress. Over time, you’ll create a website that’s not only accessible but sustainable in the long run — and that’s something to be proud of!

    If you’re ready to take the next step in your accessibility journey, schedule an ADA briefing with 216digital. Our experts can help you create a sustainable, actionable plan for achieving digital accessibility while mitigating risk. Let’s move forward together!

    Greg McNeil

    December 9, 2024
    Testing & Remediation, WCAG Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility Remediation, web development, Website Accessibility

  • Are ADA Lawsuits Truly Addressing Web Accessibility Concerns or Financial Motives?

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination and ensure equal opportunities for people with disabilities, promoting accessibility in physical spaces, employment, transportation, and communication. Its core intent was, and still is, to remove barriers, offering individuals with disabilities equitable access to spaces, services, and information. Yet, as technology evolved, so did the legal landscape. 

    Today, ADA lawsuits increasingly target digital spaces, focusing on web accessibility. However, many argue that many of these cases may be financially motivated rather than genuinely aimed at improving user accessibility.

    This article will explore whether ADA lawsuits in the digital realm truly address accessibility concerns or have become vehicles for profit, disproportionately affecting small businesses and often failing to create meaningful accessibility changes.

    ADA’s Original Purpose: Accessibility for All

    Digital spaces were in their infancy when the ADA was introduced, and web accessibility wasn’t yet a primary focus. Over time, however, the need for digital accessibility became apparent as websites and apps became essential tools for daily life. The ADA’s promise of equal access naturally extended into these new spaces, with courts ruling that websites should be accessible to individuals with disabilities. In principle, these lawsuits aimed to push businesses toward compliance, making the digital world as accessible as the physical one.

    However, the sharp increase in web accessibility lawsuits has sparked debates. While some argue that these lawsuits hold businesses accountable, others claim they’ve strayed from the ADA’s purpose and are instead exploited for financial gain.

    The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

    Data shows a dramatic increase in ADA-related digital accessibility lawsuits. According to a report from UsableNet, over 4,000 digital accessibility lawsuits were filed in 2023 alone, with the majority in industries like retail, food service, and e-commerce. Many of these lawsuits are part of what some legal experts call “drive-by” or “surf-by” suits, where plaintiffs—or law firms—quickly identify accessibility issues, sometimes without ever attempting to use the site.

    A well-known case involves Domino’s Pizza, which was sued by a visually impaired man who claimed the company’s website and mobile app were incompatible with his screen reader, making ordering food online impossible. In this instance, the lawsuit gained national attention, ultimately resulting in the Ninth Circuit Court ruling in favor of the plaintiff. While this case had an accessibility-focused outcome, it highlighted the complexities of web accessibility requirements under the ADA. Smaller businesses, however, often lack the resources to navigate lengthy litigation, and settlements can be a quicker option.

    High-Profile Examples and “Drive-By” Suits

    Certain plaintiffs and legal firms have been linked to hundreds, if not thousands, of ADA lawsuits. These “drive-by” or “surf-by” suits are often filed in large batches across multiple jurisdictions, targeting businesses with minor web accessibility issues. In these cases, it’s common for plaintiffs and attorneys to demand settlements without requiring that accessibility issues be addressed. This approach raises questions about the true intention behind these cases: Are they serving individuals with disabilities or simply a means to extract settlements?

    High-profile cases aside, small businesses bear the brunt of such lawsuits. For example, a local bakery or a small online retailer with limited technical knowledge and budget may unknowingly operate a website that needs to be fully ADA-compliant. When targeted by a lawsuit, they often find the cost of defending themselves too high, pushing them toward a settlement which rarely requires accessibility improvements.

    The Disproportionate Impact on Small Businesses

    Due to limited resources and awareness, small businesses are especially vulnerable to ADA lawsuits. Unlike large corporations, small business owners often lack dedicated legal or compliance departments, making it difficult for them to implement and maintain accessible websites. The financial strain can be significant; they face legal fees, potential settlements, and the cost of redesigning their websites for compliance.

    For many small businesses, even the threat of an ADA lawsuit is enough to cause financial stress. Paying legal fees and settlements can exhaust their budgets, sometimes leading to layoffs or even closures. While larger businesses may view these costs as part of risk management, small businesses face disproportionate consequences despite representing a smaller fraction of the digital marketplace.

    Are ADA Lawsuits Leading to Real Accessibility Improvements?

    With the increase in ADA lawsuits, one might assume that digital accessibility has improved dramatically. However, evidence suggests otherwise. Many cases settle out of court without requiring the business to make its website accessible. In these instances, settlements may address plaintiffs’ demands but leave broader accessibility issues unresolved.

    While larger companies might use settlements to improve accessibility, smaller businesses often struggle to implement changes even after legal action. Without clear guidelines from the ADA on web accessibility standards, businesses are left in a legal gray area, leading to inconsistent and often inadequate improvements. For meaningful change, legal actions would need to enforce accessibility upgrades as part of their resolutions. Unfortunately, in many cases, financial gain appears to take precedence over accessibility outcomes.

    How to Protect Yourself from Frivolous ADA Lawsuits

    Despite the challenges, businesses can proactively mitigate the risk of ADA lawsuits and ensure their websites are accessible. Here are several strategies:

    Conduct Regular Accessibility Audits

    Regularly assessing your website for accessibility compliance is essential. Automated tools and manual testing can help you catch and fix issues that may otherwise go unnoticed. While automated tools can identify many technical problems, manual testing is often necessary to ensure a website is accessible.

    Follow WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) 2.1 are the global standard for web accessibility. While not legally binding under the ADA, adhering to these guidelines demonstrates a commitment to accessibility and can help businesses defend themselves against lawsuits.

    Partner with Accessibility Experts

    Hiring an external firm with expertise in web accessibility can provide invaluable insights and help you develop a compliance strategy. Accessibility experts like 216digital understand the nuances of ADA and WCAG compliance, making them well-equipped to help businesses avoid common pitfalls.

    Stay Informed on Legal Trends

    ADA compliance in the digital space is rapidly evolving, and staying informed on relevant lawsuits and rulings can help businesses understand potential risks. Engaging with industry groups or associations that focus on digital accessibility can also provide guidance and resources.

    Maintain Documentation and Accessibility Policies

    Documenting your efforts to comply with accessibility standards can help demonstrate a proactive approach. Maintaining a web accessibility policy and records of improvements can strengthen your defense if faced with a lawsuit.

    Moving Toward Meaningful Change in Web Accessibility

    For ADA lawsuits to truly serve their intended purpose, they need to result in real accessibility improvements rather than financial settlements alone. While some cases serve as important reminders for businesses to make their websites accessible, the prevalence of drive-by suits highlights the need for more explicit standards and legal reform. Small businesses, in particular, require more guidance and support to achieve compliance without facing financial ruin.

    A Call for a Balanced Approach

    In conclusion, ADA lawsuits can be a powerful tool for advancing web accessibility, but only if they prioritize access over profit. For meaningful progress, lawsuits should focus on enforcing change rather than leveraging settlements. By adopting proactive accessibility strategies, businesses can protect themselves from frivolous lawsuits and contribute to a more inclusive digital landscape for all users.

    By taking steps to prioritize accessibility, companies can reduce their exposure to ADA lawsuits and ensure that their websites are accessible to all users, fulfilling the original purpose of the ADA. For any organization, compliance is a legal obligation and an opportunity to create an inclusive and user-friendly digital experience.

    Ready to get started? Schedule a complimentary ADA strategy briefing with 216digital today. Let’s work together to protect your online business!

    Greg McNeil

    November 4, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility, Website Accessibility
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