ADA Website Compliance Archives /Tag

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
Why 100% ADA Compliance Isn’t Realistic
If you own a website or create online content, it’s crucial to understand what ADA compliance truly entails. In today’s digital landscape, failing to address accessibility isn’t just a missed opportunity—it’s a potential liability. Despite promises from certain agencies claiming they can make your site “100% ADA-compliant,” the reality is more complex. Can any website truly meet full compliance in an ever-evolving digital world? Let’s take a closer look at what this means and why a one-size-fits-all solution may not be enough to protect you from legal risks or to provide a genuinely accessible experience.

What is ADA Compliance?

The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that people with disabilities have equal rights and opportunities. While the ADA doesn’t specifically mention websites, it has been interpreted to apply to them, especially under Title II (which covers state and local governments) and Title III (which focuses on public accommodations like businesses).

For websites, ADA compliance often means following the Web Content Accessibility Guidelines (WCAG). These guidelines help make online content more accessible to everyone, including those with visual, auditory, or other disabilities. The WCAG principles can be summed up as follows:
- Perceivable: Information must be presented in a way that users can perceive, like providing text alternatives for images.
- Operable: Users must be able to navigate and interact with the content using various devices and assistive technologies.
- Understandable: Information and user interfaces should be clear and straightforward.
- Robust: Content must be compatible with current and future user agents, including assistive technologies.
Can a Website Be 100% ADA-Compliant?

Now, here’s the tricky part: claiming that a website can be 100% ADA compliant is not only misleading but also unrealistic, and there is no legal definition. Why is that? Because the web is constantly changing. New technologies, design trends, and content updates can all affect how accessible a website is. Lastly, the Department of Justice has never set in stone what it means for a website to be legally compliant.

Accessibility Standards vs. Ongoing Compliance

Understanding the difference between achieving accessibility standards and maintaining compliance is crucial. You might partner with an agency that helps you meet specific accessibility goals today. However, if you don’t continue to monitor and update your website, you could risk falling out of compliance as your site evolves.

For example, if you add new content or change your design, you need to ensure those changes also meet accessibility standards. This ongoing effort is what keeps your website welcoming and usable for all visitors.

False Claims by Agencies

Many agencies will promise they can make your website “fully ADA compliant.” They might use phrases like “one-time fix” or “permanent compliance.” While that sounds appealing, it’s often not realistic. Here’s why:
1. One-Time Solutions: If an agency offers a quick, one-time fix, be cautious. Accessibility isn’t a set-it-and-forget-it situation. Websites need continuous updates and adjustments.
2. Guaranteed Compliance: Some agencies might claim they can guarantee compliance. However, there is no set legal standard for web compliance. You might still face ADA lawsuits even after working with an agency.
3. Frivolous ADA Lawsuits: It’s unfortunate, but there are frivolous ADA lawsuits out there. Some businesses are sued over accessibility issues that seem exaggerated. This highlights the importance of taking genuine steps toward accessibility rather than relying on empty promises.
What to Look For in an Agency

So, how do you find the right agency for web accessibility services? Here are some tips to help you choose wisely:
1. Continuous Support: Look for agencies that offer ongoing support instead of just a one-time fix. This could include regular audits and updates based on user feedback.
2. Transparency: A reputable agency should be clear about what they can and cannot guarantee. They should help you set realistic expectations for what compliance looks like.
3. Education: The best agencies will not only assist you in making your website compliant but will also educate you on how to maintain accessibility in the long run. Knowledge is power!
4. Customized Solutions: Every website is unique. An effective agency should be willing to tailor their approach to meet your specific needs and goals.
Setting Realistic Expectations

As a website owner, setting realistic expectations about what ADA compliance means for your site is crucial. Accessibility is a journey, not a destination. While you can take significant steps to improve your site’s accessibility, it’s essential to recognize that this is an ongoing commitment.

Be wary of agencies that promise a quick fix or complete compliance. Instead, look for partners who understand the evolving nature of web content and can help you adapt over time.

Secure Lasting Accessibility with 216digital

The web is dynamic, and maintaining accessibility requires ongoing effort. Choosing an agency focused on continuous support and education equips you to create an inclusive online space for everyone

At 216digital, we prioritize not only bringing your website into compliance but also educating you on how to maintain and enhance accessibility long after your project is complete. We’re committed to supporting you on this journey every step of the way.

We encourage you to schedule an ADA briefing with us to learn how we can help you navigate the complexities of web accessibility. Together, we can ensure your website remains welcoming and usable for all visitors.

Embrace the journey, and let’s make the web a better place for everyone!
Greg McNeil

November 1, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance
ADA Compliance: What You Can and Can’t Control

Let’s be honest—navigating ADA compliance can feel like a lot, especially when you’re managing a busy website. But the good news? There are plenty of things you can control that will make your site more accessible to everyone. By taking a few simple steps, you’ll create a better experience for users, expand your audience, and avoid potential legal issues.

In this guide, we’ll break down what ADA compliance is, explore some actionable steps you can take, and cover ways to handle the parts that might be out of your control. So, let’s roll up our sleeves and dive in!

What is ADA Compliance?

ADA compliance refers to following the guidelines set by the Americans with Disabilities Act (ADA), which was established to protect the rights of individuals with disabilities. While the ADA initially focused on physical spaces, it now extends to digital spaces like websites.

In simple terms, ADA compliance ensures that your website is usable for everyone—including people with visual, auditory, physical, or cognitive disabilities. The ADA works hand-in-hand with the Web Content Accessibility Guidelines (WCAG), which outline best practices for creating accessible digital content. Meeting these guidelines is not just about following the law; it’s about making your website open and welcoming to all users.

Website Design and Development

Making your website accessible starts with thoughtful design and smart development choices. Here’s how you can set the stage:

Use Semantic HTML

Think of HTML as your website’s blueprint. When it’s organized logically, it makes it easier for assistive technologies (like screen readers) to guide users through your site. Use clear headings, lists, and tags like <h1> for main headings and <h2> for subheadings. This way, your content isn’t just well-organized—it’s also easy for everyone to navigate.

Enable Keyboard Navigation

Not everyone uses a mouse to get around online, so make sure users can tab through your site smoothly. All interactive elements—buttons, forms, menus—should be accessible via keyboard alone. To test this, try navigating your site using only your keyboard. If you hit a dead end, that’s a sign something needs fixing.

Ensure Sufficient Color Contrast

Nobody wants to squint to read your content, especially users with visual impairments. Use strong color contrast between text and background, so everything is easy to read. The minimum recommended contrast ratio is 4.5:1 for regular text and 3:1 for larger text. Not sure if your colors are cutting it? Tools like WebAIM’s Contrast Checker can help you out.

Provide Descriptive Alt Text for Images

Images are great for grabbing attention, but if they’re not described properly, they can be a barrier for screen reader users. Make sure every image has alt text that explains what’s in the picture and why it’s there. Be descriptive—something like “Red winter coat with a 30% off discount tag” tells a much more straightforward story than just a “sale image.”

Ongoing Monitoring and Testing

Getting your website accessible isn’t a “set it and forget it” deal. It’s more of an ongoing process that keeps your site up to standard:

Conduct Regular Accessibility Audits

Use tools like WAVE or Lighthouse to scan your site regularly for potential accessibility issues. These tools are like your website’s personal trainers—they’ll point out areas that need improvement, like missing alt text or insufficient color contrast.

Engage in User Testing

Automated tools are great, but there’s no substitute for feedback from real users—especially those with disabilities. Invite them to test your site and pay close attention to what they say. Their insights can reveal accessibility gaps that you might not have noticed.

Content Management and Regular Updates

Content is a big part of ADA compliance. Here’s how to keep it accessible and user-friendly:

Provide Content in Accessible Formats

PDFs and Word files are common on websites, but they’re not always easy for assistive technologies to read. Try converting documents to HTML or using accessible PDF tools to ensure everyone can engage with your content.

Keep Content Updated

Just like fashion, accessibility standards change over time. Make a habit of revisiting older content—blog posts, documents, even videos—to ensure they still meet current accessibility standards.

Avoiding Overlays

It can be tempting to install a quick-fix accessibility overlay, especially if you’re short on time. But here’s the thing: overlays often don’t solve the real issues. In fact, they can create more problems for users who rely on assistive technology. The better approach? Make direct changes to your website’s code, design, and structure for more meaningful accessibility improvements.

What You Can’t Control: Third-Party Content and Vendors

Even if you make your website as accessible as possible, certain elements are out of your direct control. But don’t worry—there are still ways to manage these challenges:

Third-Party Plugins and Widgets

Plugins and widgets can boost your site’s functionality, but they can also introduce accessibility barriers. Before installing any third-party tools, check their accessibility features and look for compliance documentation.

Content Management Systems (CMS)

Depending on the CMS you’re using—like WordPress, Shopify, or Squarespace—you might run into accessibility limitations. Whenever possible, choose accessible themes and templates, and use plugins that enhance rather than hinder site accessibility.

Outsourced Web Development and Content Creation

If you hire developers or content creators, make sure ADA compliance is part of your project requirements. Set clear expectations and conduct follow-up audits to ensure everything meets accessibility standards.

User-Generated Content

Comments, reviews, and user-generated content are valuable for your site but can pose accessibility challenges. Moderate content when possible and encourage users to follow basic accessibility guidelines, like adding alt text to images they post.

Strategies for Managing What You Can’t Control

While some aspects are beyond your control, there are ways to work around them:

Vetting and Selecting Accessible Vendors

When choosing third-party vendors or services, go with those that have a reputation for accessibility. Look for vendors that provide compliance documentation and are willing to help with accessibility support.

Adding Disclaimers and Providing Alternatives

If you have third-party content that might not be fully accessible, consider adding a disclaimer to inform users. Offer alternatives, like accessible document formats or a contact method for users who need assistance.

Foster Communication and Collaboration

ADA compliance works best when everyone’s on the same page. Encourage open dialogue about accessibility with your team, developers, and third-party partners. When everyone understands its importance, it’s easier to make your site truly inclusive.

Conclusion

Making your website accessible doesn’t have to be intimidating. By focusing on what you can control and actively managing third-party elements, you can create a site that’s welcoming to everyone. Plus, it’s not just about avoiding legal risks—it’s about building a better experience for all your users.

So, take it one step at a time. As you make improvements, you’ll reach a wider audience and create a more inclusive online space. And if you’re unsure about where your site stands, don’t hesitate to reach out to experts like 216digital for a free accessibility review. You’ve got this!

Greg McNeil

October 23, 2024

How-to Guides, Testing & Remediation

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
Retail Accessibility: Avoiding Common Pitfalls
The internet is overflowing with retail opportunities, but one crucial element often gets overlooked: accessibility. For online retailers, making your website accessible isn’t just about complying with legal requirements—it’s about expanding your customer base and delivering a better shopping experience for everyone. So, how can you ensure your online store is open to all shoppers and avoid common accessibility pitfalls? Let’s dive into the essentials.

Why Accessibility Matters for Online Retailers

Web accessibility means making sure everyone, including people with disabilities, can easily use and navigate your site. In the world., about 15% of the population lives with some form of disability. By ensuring your website is accessible, you’re tapping into a market with immense buying power—people with disabilities control over $6 trillion in spending globally!

But beyond opening your business to a broader audience, accessibility is also about staying compliant with laws like the Americans with Disabilities Act (ADA). In 2023, 82% of ADA lawsuits were related to web accessibility issues in the retail industry, affecting both large and small businesses alike. If your website isn’t accessible, you’re not just missing out on customers—you could also be facing legal risks.

The Web Accessibility Guidelines

The Web Content Accessibility Guidelines (WCAG) are the foundation for creating an accessible website. These guidelines revolve around four main principles, often referred to as POUR:
- Perceivable: Content must be presented in a way that all users can perceive, whether visually or audibly.
- Operable: Your site should be fully navigable, whether users are using a mouse, keyboard, or assistive technologies.
- Understandable: Your content should be easy to comprehend and navigate.
- Robust: Your website should work well with a variety of assistive tools, like screen readers.
For retailers, aiming for WCAG 2.1 Level AA compliance is a great starting point, and it’s the level referenced by most legal frameworks for web accessibility.

Steps for Online Retailers to Improve Accessibility Right Now

Improving your website’s accessibility might sound like a big task, but it’s more manageable than you think. Here are some quick and effective steps to make your site web accessible:

Auditing Retail Sites for Accessibility Issues

The first step is knowing where your site stands. Start with automated tools like Lighthouse or WAVE to flag common issues, such as missing image descriptions or poor color contrast. Then, dive deeper with manual testing, working with accessibility experts to uncover more subtle barriers, like challenges with forms or navigation.

Make Visual Content Accessible

People with visual impairments rely on alt text to understand images, so be sure to include detailed alt descriptions for all meaningful visuals. For example, instead of a vague description like “product,” use something more specific like “Blue ceramic coffee mug with a handle.” This simple change helps users with screen readers understand what’s being shown.

Don’t forget about video content! WCAG guidelines require captions for pre-recorded audio in videos. Ensure that auto-generated captions, like those from YouTube, are accurate, and provide transcripts for podcasts to make all media accessible.
```
<img src="coffee-mug.jpg" alt="Blue ceramic coffee mug with a handle">
<video controls>
  <track kind="captions" src="captions_en.vtt" srclang="en" label="English">
</video>
```
Optimize Website Navigation and Structure

Some users navigate your site without a mouse, relying solely on their keyboard. Make sure your site can be fully navigated using just a keyboard, with elements like menus, buttons, and forms accessible through “tab” key navigation. Also, ensure every interactive element has a visible focus indicator, like a border around buttons or links, so users can easily see where they are on the page.
```
button:focus, a:focus {
  outline: 2px solid #ffcc00; /* Provides a visible focus indicator */
}
```
Improve Form Accessibility

Checkout forms can be a stumbling block for accessibility, especially if they aren’t screen reader-friendly. Make sure all form fields have clear labels and that error messages don’t rely solely on color. For example, instead of just using a red outline to indicate a required field, include a text message like “This field is required” to make the error clear for all users.
```
<form>
  <label for="email">Email:</label>
  <input type="email" id="email" name="email" required>
  <span class="error" role="alert">This field is required</span>
</form>
```
The Retail Shopping and Checkout Process

Imagine trying to check out but not knowing where you are in the process—frustrating, right? Break your checkout process into clear, labeled steps and ensure it’s compatible with assistive technologies. Also, consider adding alternative payment methods like PayPal, Google Pay, or Apple Pay to improve usability for all customers.

To meet WCAG SC 2.4.4 standards, you can use visual breadcrumbs or progress indicators to let users know where they are in the checkout process.
```
<nav aria-label="Breadcrumb">
  <ol>
    <li><a href="/cart">Cart</a></li>
    <li><a href="/shipping">Shipping</a></li>
    <li aria-current="page">Payment</li>
  </ol>
</nav>
```
Implement ARIA Landmarks and Roles

ARIA (Accessible Rich Internet Applications) landmarks and roles help assistive technologies identify key sections of your page. For instance, wrapping your site’s header in a role="banner" helps screen readers identify it as the main header, making it easier for users to navigate through your site.
```
<header role="banner">
  <nav role="navigation">
    <ul>
      <li><a href="/home">Home</a></li>
      <li><a href="/products">Products</a></li>
    </ul>
  </nav>
</header>
```
Testing and Ongoing Monitoring for Retailers

Web accessibility isn’t a one-time fix—it’s an ongoing process. Retail websites are constantly changing. Regular testing and monitoring are essential to ensuring that those updates or changes to your site don’t introduce new accessibility barriers. Tools like 216digital’s a11y.Radar can help you stay on top of accessibility issues with automated scans and detailed reports, making it easier to maintain a compliant and user-friendly website as new content is added.

Partnering with Accessibility Experts

If all of this sounds overwhelming, you don’t have to go it alone. Partnering with accessibility experts can fast-track your progress. Whether you need a thorough audit, code remediation, or ongoing support, companies like 216digital specialize in helping retail sites meet web accessibility standards. They can ensure your site is not only compliant but also delivers a seamless, enjoyable shopping experience for all users.

Accessibility Overlays: A Quick Fix or a Long-Term Solution?

You might have heard about accessibility overlays—tools that promise a quick fix for all your accessibility needs. While these overlays might sound tempting, they often fall short. Overlays can miss deeper, underlying issues with your website’s code and design, leaving you vulnerable to ADA lawsuits. In fact, 933 companies were sued last year after installing overlay solutions and many accessibility experts caution against relying on them as a long-term solution.

Instead, focus on making meaningful changes to your website’s design and functionality. Overlays might be a temporary patch, but they shouldn’t replace a full accessibility strategy.

Check Accessibility Off Your Shopping List

By making your website accessible, you’ll not only increase your customer base but also create a better shopping experience for everyone. Accessibility is a journey, and it’s one worth taking. Follow the steps outlined above, test your site regularly, and don’t hesitate to partner with experts to ensure your site stays compliant and user-friendly.

To help you get started on the right path, consider scheduling an ADA briefing with 216digital. Our team of experts can walk you through the latest accessibility guidelines, provide actionable insights, and show you how to ensure your site complies with ADA standards.

Online shopping should be for everyone, so let’s make it happen together!
Greg McNeil

October 16, 2024

How-to Guides, Legal Compliance, WCAG Compliance

Accessibility, ADA Compliance, ADA Website Compliance, ecommerce website, Retail, WCAG
Digital Accessibility Lawsuit Targets Contractors
The recent case of Bryan Bashin vs. ReserveCalifornia.com has opened the door to a new type of accessibility lawsuit. It’s not just website owners being held accountable—government contractors who build and maintain websites are now in the spotlight too.

This case is important for developers, designers, and accessibility experts working on government websites, as it sets a strong example of what can happen when accessibility isn’t prioritized. More importantly, it serves as a wake-up call for businesses and contractors alike to understand that accessibility is not just an option but a legal necessity. Failure to comply with accessibility standards could result in costly lawsuits and reputational damage.

In today’s digital world, ensuring that everyone, including people with disabilities, can use your website is not just good practice—it’s the law.

Case Overview: A New Direction

Bryan Bashin, who is visually impaired, sued ReserveCalifornia.com, claiming the site was inaccessible to people with disabilities. This violated both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. What made this case different? Bashin didn’t go after the website owner, California State Parks—he targeted the contractors who created and managed the site.

ReserveCalifornia.com is a key website for booking campsites and other outdoor activities in state parks. Because it wasn’t fully accessible, users who depend on assistive technologies, like screen readers, had trouble navigating it. By focusing on the developers, Bashin’s lawsuit sends a clear message: if you’re responsible for public websites, you must meet digital accessibility standards—or you could face legal action.

The Laws: Unruh Act and ADA Title II

This case relies on two important laws: California’s Unruh Civil Rights Act and the updated ADA Title II rules for government websites.
- Unruh Act: This California law allows people with disabilities to sue organizations that don’t make their services accessible. Bashin used this law to seek damages, which gave him additional legal options beyond the federal ADA.
- ADA Title II: This part of the ADA focuses on making sure government services, programs, and activities—including websites—are accessible. Recent updates have strengthened these rules, making it clear that public websites must meet accessibility standards. Bashin’s lawsuit shows how these laws are evolving, putting contractors in the spotlight.
What It Means for Web Developers: Widespread Impacts

While this lawsuit happened in California, its effects could reach across the country. The Unruh Act may be specific to California, but ADA Title II applies nationwide. Developers working on public sector projects need to understand that ignoring accessibility could lead to serious risks, especially as more governments crack down on non-compliance.

Developers and contractors are expected to follow the Web Content Accessibility Guidelines (WCAG), the international standard for digital accessibility. Not meeting these standards puts them at risk of lawsuits like Bashin’s, and the $2 million settlement in this case shows that courts are willing to hold developers accountable.

What is the WCAG?

WCAG is the go-to guide for making websites accessible to people with disabilities, such as those who are blind, deaf, or have cognitive challenges. It focuses on making content:
- Perceivable: Users must be able to experience content, whether through text, images, or other formats like captions.
- Operable: Users should be able to navigate the site with different tools like a mouse, keyboard, or voice commands.
- Understandable: The site’s information and operations should be clear and easy to use.
- Robust: The site should work with current and future assistive technologies.
For developers, following WCAG not only ensures legal compliance but also opens websites to a wider audience and improves overall user experience.

Why WCAG Matters

You might ask yourself, “Why should I care about WCAG compliance?” First and foremost, it helps make your website accessible to a wider audience. If your site isn’t usable for people with disabilities, you could be missing out on potential customers. In a digital age where online shopping and information-seeking are essential, excluding anyone based on accessibility is not just unfair—it’s bad for business.

Moreover, the Bashin case shows that failing to meet accessibility standards can lead to legal consequences. As more digital accessibility lawsuits arise, companies that don’t prioritize compliance could face significant financial penalties. By adhering to WCAG guidelines, you protect yourself from legal issues and show that you care about your users.

Best Practices for Developers and Digital Accessibility Experts

Bashin’s case is a reminder that developers and consultants must make digital accessibility a priority from the start. It’s no longer enough to just create a good-looking or functional website—it has to work for everyone, including people with disabilities.

Here’s what developers and business owners should focus on:
- WCAG Knowledge: Work with developers who understand WCAG standards and have experience making accessible sites.
- Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast.
- Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about digital accessibility.
- Ongoing Monitoring: Accessibility isn’t a one-time job. Websites need regular testing to stay compliant. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
- Stay Informed and Up-to-Date: Digital accessibility standards and regulations change over time. Make any necessary updates to your website to remain compliant.
The Bigger Picture: Nationwide Repercussions

The Bryan Bashin vs. ReserveCalifornia.com case is a strong reminder for developers everywhere: accessibility is no longer optional. By holding government contractors accountable for digital accessibility violations, this case sets a powerful precedent. Developers and accessibility experts must be proactive and make sure all public-facing websites—especially those for government services—comply with WCAG and other accessibility standards. The future of digital accessibility enforcement is here, and developers need to stay ahead to avoid costly legal risks.

To avoid the risks of costly legal action and make sure your website is accessible to everyone, now is the time to act. Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your site is at risk of a lawsuit and provide fast, effective ADA compliance solutions so you can focus on what matters most: running your business.
Greg McNeil

October 10, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Bryan Bashin vs. ReserveCalifornia.com, Unruh Civil Rights Act, web developers
Web Accessibility Tips for Restaurants in 2024
As a restaurant owner, creating an accessible and welcoming environment doesn’t just apply to your physical space—it’s equally important online. In 2024, web accessibility is no longer optional. With more diners relying on digital services like online menus and reservation systems, it’s crucial that everyone, regardless of ability, can easily navigate and interact with your website. This guide will walk you through some key ways to make your restaurant’s digital experience accessible for all, including compliance with the latest Web Content Accessibility Guidelines (WCAG).

What is Web Accessibility?

Web accessibility is the practice of creating digital content that can be easily used by individuals with disabilities. This means ensuring that people with visual, auditory, motor, or cognitive disabilities can easily access and interact with your content.

For restaurants, this means making sure that your digital menu and reservation systems are easy to use for everyone, whether they navigate with a mouse, keyboard, or screen reader. But making your website accessible isn’t just about being inclusive—it also helps you meet legal requirements like the Americans with Disabilities Act (ADA).

WCAG Guidelines for Restaurants

WCAG is the global standard for web accessibility. To ensure your restaurant’s website is accessible, you should aim for compliance with WCAG 2.1 at Level AA. Some of the key WCAG principles to keep in mind include:
- Perceivable: Users must be able to experience content, whether through text, images, or other formats like captions.
- Operable: Users should be able to navigate the site with a mouse, keyboard, or voice commands.
- Understandable: The site’s information and operations should be clear and easy to use.
- Robust: The site should work with current and future assistive technologies.
Let’s break down how these principles apply to specific elements of your restaurant’s website, such as menus and reservation systems.

How to Share Your Menu Accessibly

Your menu is the core of your restaurant’s website, and making it accessible can open up your business to more customers. Start by ensuring that your menu is coded properly so that all users can access it. Avoid using PDF formats, which can be difficult for screen readers to interpret.

Use Semantic HTML

Semantic HTML is the building blocks for an accessible website. By using proper HTML tags, you provide structure and meaning to your content, making it easier for users to understand the structure of your content. For a menu, you can use <div> to separate menu items and <span> or <p> for the item’s name, price, and description.

Here’s a sample code snippet for a restaurant menu using semantic HTML:
```
<div class="menu-item-text">
   <h3 class="menu-item-heading">
      <span class="menu-item-name">Bruschetta</span>
      <span class="menu-item-price">$12.90</span>
   </h3>
   <p class= "menu-item-desc">Crispy toasted bread topped with fresh tomatoes, garlic, basil, and a drizzle of balsamic glaze.
   </p>
</div>
```
Provide Text Alternatives for Images

If your menu includes images of dishes, be sure to include alternative text (alt attributes) to describe them. Screen readers use this alt text to inform users what is in the image.

For example:
```
<img src= "grilled-salmon.jpg" alt= "Grilled salmon with mashed potatoes and steamed vegetables"/>
```
Alt text should describe the content of the image in a way that makes sense contextually. In this case, it’s about what the dish looks like and what ingredients are included.

How to Describe Your Menu Items

When writing descriptions for menu items, keep in mind that clear, concise descriptions benefit everyone, especially people with cognitive disabilities. Use simple language and avoid jargon or overly complex phrases. If you have menu items that cater to specific dietary restrictions (e.g., gluten-free or vegan options), make sure these are clearly labeled.

You could add a label like this:
```
<p><strong>Gluten-Free:</strong> Yes</p>
<p><strong>Vegan:</strong> No</p>
```
By making your menu easy to read and accessible, you’re not only helping users with disabilities but also improving the overall user experience.

How to Improve Reservation Booking Accessibility

Online reservations are convenient for both customers and restaurants, but it’s important to make sure your booking system is accessible to all users. Whether you’re using a third-party booking platform or a custom-built system, accessibility should be a top priority.

Use Accessible Form Controls

Forms are a key part of most reservation systems, and making sure these are accessible is essential. First, ensure that every form element has an associated <label> tag. This allows screen readers to correctly identify form fields.

Here’s an example:
```
<label for="name">Name:</label>
<input type="text" id="name" name="name" required>
```
Also, be sure that all form controls can be navigated using only a keyboard. According to WCAG, all interactive elements should be operable through keyboard commands alone. This is important for people with mobility impairments who may not use a mouse.

ARIA Roles and Live Regions

Accessible Rich Internet Applications (ARIA) roles help make dynamic content more accessible. For example, you can use ARIA attributes to alert users of changes in the reservation system, such as confirming their booking.

Here’s an example of using ARIA for a live region that confirms a reservation:
```
<div aria-live="polite" id="confirmation-message">
  Your reservation has been confirmed.
</div>
```
The aria-live= “polite” attribute ensures that screen readers announce updates to the user without disrupting the current interaction.

Timeouts and Error Handling

When implementing a reservation system, make sure that users are given enough time to complete their forms. WCAG 2.1 guidelines recommend providing a way to extend time limits if necessary.

Additionally, clear and helpful error messages should be provided when users make mistakes while filling out forms. Use ARIA to ensure that these messages are communicated to users with assistive technology:
```
<div aria-live="assertive" class="error-message">
  Please enter a valid phone number.
</div>
```
By following these steps, you make it easier for all customers to book a table at your restaurant, ensuring they have a positive experience.

Keyboard Navigation

Make sure that all interactive elements, like buttons and links, can be accessed using a keyboard. This is crucial for people with mobility issues. A logical tab order should guide users through your site efficiently, moving from the main content areas to interactive elements like forms and buttons.

To test this, try navigating your site using only the “Tab” key and see if you can access all functions.

Accessible Calendar Widgets

If your reservation system includes a date picker, make sure it is keyboard-accessible. Some date pickers are difficult to navigate with a keyboard or screen reader, so consider providing users with an accessible alternative, like allowing manual date entry in addition to the calendar.

Here’s an example of a keyboard-friendly date input:
```
<input type="date" id="reservation-date" name="reservation-date">
```
Going Beyond Compliance: User Experience Matters

Meeting WCAG standards is important, but don’t stop there. Think about the overall user experience. For instance, ensuring text contrast is high enough for readability, using large touch targets for buttons, and testing your website on multiple devices can significantly improve accessibility.

An accessible website isn’t just for compliance—it’s a way to expand your customer base and create a better experience for everyone.

A Taste of Accessibility

Web accessibility is the secret ingredient to running a successful restaurant in 2024. By aligning your website with WCAG guidelines, you can ensure that everyone—from loyal customers to new diners—enjoys a smooth and inclusive experience, whether they’re browsing your menu or making a reservation. Beyond just compliance, an accessible site reflects your commitment to every guest, enhancing your reputation and widening your customer base.

At 216digital, we can help you navigate the world of web accessibility, from ADA compliance to optimizing your user experience. Schedule a free ADA briefing with us today and discover how your restaurant’s website can cater to every customer, no matter their abilities. Let’s make your digital presence as inviting as your dining room!
Greg McNeil

October 9, 2024

How-to Guides

ADA Website Compliance, How-to, Restaurants, WCAG, WCAG Compliance, web development, Website Accessibility
ADA Compliance vs Web Accessibility: What is the Difference
As more businesses move online, understanding web accessibility and ADA compliance becomes crucial. These terms are often used interchangeably but represent different aspects of making a website user-friendly for everyone, including individuals with disabilities. Knowing the distinction between web accessibility and ADA compliance can help protect your business from lawsuits while ensuring your site provides an inclusive experience.

In this article, we’ll examine the definitions of web accessibility and ADA compliance, explore their differences, discuss the legal risks associated with non-compliance, and explain how businesses can proactively address accessibility issues using services like 216digital’s Phase 1 remediation.

What is Web Accessibility?

Web accessibility involves designing and developing websites, tools, and technologies to ensure they are usable by people with a wide range of abilities and disabilities. This includes individuals who have visual, auditory, physical, speech, cognitive, or neurological disabilities. The goal of web accessibility is to ensure that everyone, regardless of their disability, can perceive, understand, navigate, and interact with the web.

Web Content Accessibility Guidelines (WCAG)

The primary standard for web accessibility is the Web Content Accessibility Guidelines (WCAG), created by the World Wide Web Consortium (W3C). The latest version, WCAG 2.1, provides a comprehensive set of guidelines aimed at making web content accessible. These guidelines are organized around four core principles, commonly known as POUR:
- Perceivable: Information and user interface components must be presented in ways that all users can perceive.
- Operable: User interface components and navigation must be operable for everyone, including those using assistive technologies like screen readers.
- Understandable: Information and the operation of the user interface must be understandable.
- Robust: Content must be strong enough to work with a wide range of technologies, including those used by people with disabilities.
While WCAG provides the framework for web accessibility, compliance with it is generally voluntary unless law or legal action requires otherwise.

What is ADA Compliance?

ADA compliance refers to meeting the requirements set forth by the Americans with Disabilities Act (ADA), which was enacted in 1990. The ADA mandates that businesses, public services, and other organizations provide equal access to individuals with disabilities. Although the ADA was passed before the internet became mainstream, courts have increasingly ruled that websites are considered public accommodation places, meaning they must be accessible to people with disabilities.

ADA compliance, specifically in the context of websites, refers to whether your site meets the legal requirements of the ADA as interpreted by courts and the Department of Justice (DOJ). No official legal mandate states that WCAG 2.1 must be followed to achieve ADA compliance, but it is widely accepted that adhering to WCAG is the best way to meet ADA requirements.

How Does It Differ From Web Accessibility?
- Web accessibility is the broader concept of ensuring that people of all abilities can use websites.
- ADA compliance is a legal requirement for businesses in the U.S. to provide equal access to individuals with disabilities, which includes making websites accessible.
Web accessibility is a best practice, while ADA compliance is a legal standard. Following web accessibility guidelines, like WCAG 2.1, helps businesses meet the requirements of ADA compliance, but the two terms are not identical.

Is It Possible to Achieve and Maintain Full WCAG 2.1 Compliance?

Yes, but it’s not always easy, especially for bigger, more complex websites. WCAG 2.1 covers a lot of areas—like how text shows up, how media is handled, how forms work, and more. As technology and user needs evolve, keeping up with compliance is an ongoing effort. Regular testing, monitoring, and updates are needed to ensure the site meets the latest accessibility standards.

If you’re worried about protecting yourself from ADA lawsuits, aiming for full WCAG 2.1 compliance is a smart move. It can help reduce your legal risks, but it is only legally required in some cases. Courts have ruled in favor of plaintiffs in ADA lawsuits when websites were not accessible, even if they didn’t meet every single WCAG criterion.

Does Your Website Need to Be Fully Web Accessible to Protect Your Business?

To protect your business from ADA compliance lawsuits, it’s crucial to address the most common accessibility barriers, even if full WCAG 2.1 compliance is not achieved. Many companies focus on making the most essential parts of their website accessible, such as navigation, forms, and checkout processes. This approach can reduce the risk of a lawsuit while allowing businesses to improve their site’s accessibility gradually.

It’s also worth noting that courts have yet to require businesses to meet every WCAG 2.1 guideline to comply with the ADA. However, companies that demonstrate they are actively working to make their sites more accessible—by following best practices and improving critical accessibility issues—are generally better positioned to defend against lawsuits.

The Risk of ADA Compliance Lawsuits

ADA compliance lawsuits have skyrocketed in recent years, especially against businesses with inaccessible websites. These lawsuits can be costly, both in terms of financial settlements and reputational damage. Predatory law firms have begun targeting businesses—tiny and mid-sized companies—that have websites with accessibility issues. These firms often file “copycat” lawsuits, sometimes targeting hundreds of companies with nearly identical complaints.

The financial risk is real. Businesses are often forced to settle the lawsuit or pay legal fees, which can run into tens or even hundreds of thousands of dollars. In addition, businesses may also have to invest in website remediation services to fix accessibility issues.

How Predatory Law Firms Target Websites

Predatory law firms often conduct automated scans of websites to identify accessibility violations, such as missing alt text, poor contrast ratios, or non-functional navigation for keyboard-only users. Once they identify these issues, they send demand letters or file lawsuits, typically hoping that the business will settle quickly to avoid costly litigation.

Unfortunately, even well-meaning businesses that are working on improving accessibility can be targeted. This is why it’s essential to address website accessibility proactively rather than waiting for a lawsuit to happen.

Is Full WCAG 2.1 Compliance Required to Mitigate Lawsuits?

While full WCAG 2.1 compliance is not explicitly required to avoid lawsuits, businesses should aim to make their websites as accessible as possible. The more barriers that are removed, the less likely it is that a website will be the target of a lawsuit.

In most cases, addressing key accessibility issues—such as ensuring all images have alt text, providing video captions, and making the site navigable by keyboard—will significantly reduce the risk of a lawsuit.

Protect Your Business with 216digital

To help businesses avoid the pitfalls of non-compliance, 216digital offers Phase 1 remediation services designed to address the most critical accessibility issues quickly. These services focus on mitigating the risk of ADA lawsuits by resolving common accessibility barriers that predatory law firms often target. By implementing these initial fixes, businesses can start protecting themselves while working toward broader web accessibility goals.

In addition to Phase 1 remediation, 216digital offers ongoing monitoring and testing services to ensure your site remains accessible over time. With a proactive approach, businesses can avoid costly lawsuits and provide a better user experience for all visitors.

Ready to Make Your Website ADA Compliant?

As the digital landscape continues to evolve, ensuring your website is both accessible and ADA-compliant is more important than ever. While full WCAG 2.1 compliance may not always be required, addressing key accessibility issues can significantly reduce your risk of lawsuits and enhance the user experience for all visitors.

Take the next step toward protecting your business and making your website more inclusive. Schedule a personalized ADA compliance briefing with 216digital today. Our team can guide you through Phase 1 remediation and ongoing strategies to keep your site accessible and compliant.
Greg McNeil

October 3, 2024

Legal Compliance, WCAG Compliance

Accessibility, ADA Compliance, ADA Website Compliance, WCAG, WCAG Compliance, Website Accessibility
Common Web Accessibility Pitfalls That Invite ADA Lawsuits
The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to everyone, including people with disabilities. When websites fail to meet accessibility standards, they risk facing lawsuits. In recent years, ADA lawsuits related to digital accessibility have surged, with businesses large and small getting sued for non-compliance. But what exactly are the most common issues that lead to these lawsuits?

This article will highlight the most common web accessibility barriers that lead to ADA lawsuits and provide real-world examples of lawsuits related to these issues.

1. Missing Alt Text

Alt text, or alternative text, provides a written description of an image on a webpage. Screen readers, which visually impaired users use to navigate the internet, read this description aloud.Without alt text, users with visual impairments have no way of knowing what an image represents.

For example, if a website has an image of a product for sale, the alt text might say, “Red shoe, size 8.” Without this text, screen reader users won’t know what the image shows, making it difficult to interact with the website.

Missing or incorrect alt text is one of the most common reasons for ADA lawsuits. Many businesses overlook this small but important step, leaving essential images without descriptions.

WCAG 2.1 Guideline: 1.1.1 – Non-text Content

All non-text content, such as images, must have a text alternative that serves the same purpose.

Example ADA Lawsuit: Fox News Network LLC

Fox News Network LLC was sued because its website didn’t provide proper alt text for many images. Luc Burbon, a visually impaired user, relied on screen readers to browse the internet. When trying to navigate Fox News’ website, he encountered images without alt text, leaving him unable to understand key content. The court agreed with Burbon, emphasizing that websites must be accessible to everyone, including people with disabilities.

2. Non-Descriptive Interactive Elements

Interactive elements, like buttons and links, are crucial for navigating a website. However, if these elements aren’t appropriately labeled, users who rely on screen readers won’t know what a button or link does. This leads to confusion, frustration, and can make essential parts of the website inaccessible to users with disabilities.

For example, a button labeled “Click Here” without explaining what it does will leave screen reader users guessing, especially if there’s more than one on a page. Adding contextually relevant content to the visual or accessible label, such as “Click here to learn more about our coffee” will differentiate the element while also giving users additional context.

WCAG 2.1 Guideline: 4.1.2 – Name, Role, Value

Interactive elements should have clear labels that explain their purpose.

Example ADA Lawsuit: NIKE, Inc.

Maria Mendizabal filed a class-action lawsuit against Nike, claiming that the website had many links that were either redundant or completely empty. Users with visual impairments couldn’t understand the purpose of these links, making it challenging to navigate the site. This lawsuit demonstrates the importance of appropriately labeling interactive elements so everyone can understand them.

3. Lack of Keyboard Navigation

Many users with disabilities rely on keyboards to navigate websites, especially those who can’t use a mouse. If a website doesn’t allow for keyboard-only navigation, or if drop-down menus can’t be accessed with a keyboard, it becomes unusable for people with mobility impairments.

For example, if a menu only opens when hovered over with a mouse, someone using only a keyboard won’t be able to open it, blocking their access to critical sections of the site.

WCAG 2.1 Guideline: 2.1.1 – Keyboard

All functionality should be accessible using a keyboard.

Example ADA Lawsuit: Parkwood Entertainment LLC

In 2019, a lawsuit accused Parkwood Entertainment because Beyoncé’s official website, Beyonce.com, did not provide accessibility for users relying on screen readers.. Mary Conner, the visually impaired plaintiff, couldn’t navigate the drop-down menus using her keyboard. This prevented her from accessing important content and services, leading to a lawsuit.

4. Inaccessible Forms

Forms are commonly used on websites—for everything from signing up for newsletters to making purchases. However, forms that are difficult for people with disabilities to fill out can create barriers. Missing labels on form fields, unclear error messages, or forms that don’t work with keyboard navigation are common accessibility issues that lead to lawsuits.

For instance, if a form field asks for a phone number but doesn’t have a proper label, a screen reader user won’t know what to enter. Or, if an error message isn’t clear about what went wrong, visually impaired users won’t be able to correct their mistakes.

WCAG 2.1 Guideline: 3.3.2 – Labels or Instructions

Ensure input fields have proper labels and instructions so users know what information is required.

Example ADA Lawsuit: H&R Block Lawsuit

A notable example of this issue is the lawsuit involving the National Federation of the Blind and H&R Block. In this case, visually impaired users discovered that H&R Block’s website did not correctly label the forms. When these users tried to input their contact information or create an account, they struggled because the screen readers failed to indicate what information they needed or where to enter it.

5. Inaccessible Pop-Ups and Modals

Pop-ups and modals (dialog boxes that appear on top of a page) are common features on websites for everything from newsletter sign-ups to product promotions. However, if they are not designed with accessibility in mind, they can disrupt the user’s experience.

Pop-ups cause confusion if they appear without warning or if users can’t close them using a keyboard. Users relying on screen readers or assistive devices may not even know that a pop-up has appeared, making it impossible for them to continue interacting with the page.

WCAG 2.1 Guideline: 1.3.1 – Info and Relationships

When new content, like a pop-up, appears on the screen, announce it to the user and explain how it connects to the rest of the website.

Example ADA Lawsuit: Five Guys Enterprises

In a lawsuit against Five Guys, a visually impaired customer couldn’t complete an online order because an inaccessible pop-up appeared when trying to add fries to her cart. Her screen reader didn’t recognize the pop-up, making it impossible for her to finish the purchase. This case highlights the importance of making pop-ups accessible to everyone.

How to Avoid ADA Lawsuits

Avoiding ADA lawsuits starts with a proactive approach to web accessibility. Making your website accessible is not only a legal obligation but also an opportunity to provide a better user experience for all visitors, regardless of ability. Here are key steps you can take to avoid common accessibility pitfalls:
1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
4. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay iCompliance is not a one-time task. 216digital’s a11y.Radar service provides ongoing monitoring. It detects any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.”
Conclusion

Making sure your website is ADA-compliant is not just about avoiding lawsuits—it’s about ensuring that everyone, no matter their abilities, can access and enjoy your content. With the rise in ADA lawsuits, it’s more important than ever to take a proactive approach to web accessibility. Whether it’s fixing missing alt text or ensuring keyboard navigation, addressing these common issues can save your business time and money in the long run.

If you’re unsure where to start or need help maintaining compliance, 216digital is here to help. Through our years of experience analyzing these cases, we understand how ADA non-compliance lawsuit firms identify their targets. We can help you protect your business from these risks. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap. This will allow you to focus on other tasks on your to-do list.

So don’t wait any longer; find out where you stand by scheduling a complementary ADA strategy briefing today.
Greg McNeil

September 25, 2024

Legal Compliance, WCAG Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance, digital accessibility, WCAG, WCAG Compliance, Web Accessibility
What to Ask When Choosing a Partner for Title II ADA Compliance

When ensuring your organization’s compliance with ADA Title II, selecting the right partner to guide you through the process is crucial. ADA Title II mandates that state and local governments, as well as any of their departments, agencies, or other instrumentalities, must not discriminate against individuals with disabilities. Compliance with these regulations safeguards your organization against legal risks and ensures your services are accessible to all individuals. To make an informed decision when choosing a partner for ADA Title II compliance, here are key questions you should ask.

Have You Worked with ADA Title III Compliance Before?

ADA Title II compliance shares similarities with ADA Title III, which focuses on public accommodations provided by private entities. A partner with experience in ADA Title III compliance will have a solid understanding of accessibility requirements across different sectors. While Title II and Title III address various types of entities, the underlying accessibility principles remain consistent. A partner with experience in both areas will bring a comprehensive understanding of the legal landscape, helping you navigate the complexities of ADA compliance more effectively.

How Well Do You Know WCAG 2.1 A/AA Standards?

The Web Content Accessibility Guidelines (WCAG) 2.1 are the most widely recognized standards for digital accessibility. They provide a framework for making web content more accessible to people with disabilities, including those with visual, auditory, cognitive, and motor impairments. Ensuring your partner has an in-depth knowledge of WCAG 2.1 A/AA standards is crucial because these guidelines serve as the benchmark for evaluating your organization’s digital accessibility. A knowledgeable partner can guide you through implementing these standards, ensuring that your digital properties meet or exceed compliance requirements.

How Skilled is Your Team in Accessibility?

The expertise of the team working on your ADA compliance project is a critical factor in your success. Ask about the qualifications and experience of the team members handling your account. Do they have certifications in accessibility, such as Certified Professional in Accessibility Core Competencies (CPACC) or Web Accessibility Specialist (WAS)? How many years of experience do they have in the field? A skilled team with a deep understanding of accessibility can assure you that your project will be handled with the utmost care and expertise.

What is Your Process for Conducting Accessibility Audits?

An accessibility audit is the foundation of any compliance effort. It identifies areas where your organization falls short of ADA requirements and provides a roadmap for remediation. Ask potential partners to explain their audit process in detail. How thorough is their approach? Do they conduct both automated and manual testing? How do they document their findings?

Understanding their process will give you insight into the level of detail and accuracy you can expect in their audit reports. A rigorous audit process is essential for identifying all accessibility issues and ensuring nothing is overlooked.

How Do You Prioritize and Address Accessibility Issues?

Not all accessibility issues are created equal. Some may have a significant impact on users with disabilities, while others may be less critical. A competent partner should have a clear strategy for prioritizing and addressing accessibility issues. Ask them how they determine which issues to tackle and how to address them. Do they focus on issues that have the most significant impact on user experience first, or do they take a different approach? Understanding their prioritization process will help you resolve the most pressing issues promptly, reducing the risk of non-compliance.

What Testing Methods Do You Use?

Testing is a critical component of ensuring ADA compliance. Ask your potential partner about the testing methods they use to evaluate accessibility. Do they rely solely on automated tools, or do they also conduct manual testing?

Automated tools are excellent for identifying specific issues but can’t catch everything. Manual testing by individuals with disabilities provides valuable insights into how real users experience your digital content. A combination of both methods is ideal for a comprehensive assessment of your organization’s accessibility.

How Will You Help Us Maintain Accessibility Over Time?

Achieving ADA compliance is not a one-time effort; it’s an ongoing process. Your digital content will evolve, and new accessibility challenges may arise. Ask your potential partner how they plan to help you maintain accessibility over time. Do they offer ongoing monitoring services to ensure your digital properties remain compliant as updates are made? How do they stay up to date with changes in accessibility standards and regulations? A partner committed to long-term support will help you remain compliant and avoid potential legal pitfalls in the future.

What Technology and Tools Do You Use for Accessibility?

The tools and technology your partner uses can significantly impact the effectiveness of their accessibility efforts. Ask about the specific tools they use for auditing, testing, and remediation. Do they use industry-standard tools such as WAVE or JAWS? How do they leverage these tools to identify and resolve accessibility issues? Additionally, ask about any proprietary tools they may have developed. A partner with advanced technology and tools will be better equipped to handle complex accessibility challenges and deliver effective solutions.

Do You Offer Training?

Training is a vital component of sustaining ADA compliance. Your staff needs to be educated on accessibility best practices to ensure your digital content remains compliant as it evolves. Ask your potential partner if they offer training services. Do they provide customized training sessions tailored to your organization’s needs? Do they offer resources and support for your team to continue learning about accessibility?

A partner who offers comprehensive training will empower your organization to maintain accessibility independently, reducing the need for constant external intervention.

Conclusion

Choosing the right partner for ADA Title II compliance is a crucial decision that can have long-lasting implications for your organization. By asking the right questions, you can ensure that your partner has the expertise, experience, and resources needed to guide you through the complexities of ADA compliance. A knowledgeable and skilled partner will help you achieve and maintain compliance, mitigating legal risks and ensuring that your services are accessible to all individuals, regardless of their abilities. Prioritize partners who demonstrate a deep understanding of accessibility, a commitment to ongoing support, and a comprehensive approach to testing and remediation.

At 216digital, we specialize in helping organizations like yours successfully navigate ADA compliance with expert guidance, tailored solutions, and ongoing support. Schedule an ADA compliance briefing with our team today to learn how we can help you stay ahead of regulations, reduce legal risks, and build an inclusive digital experience. Let’s work together to ensure your organization meets and exceeds accessibility standards.

kadmin

September 4, 2024

Testing & Remediation

ADA Compliance, ADA Website Compliance, digital accessibility, Title II, Web Accessibility
Why Small Businesses Face More ADA Web Lawsuits
In the bustling world of small business, every penny counts. So, it’s no wonder that when an unexpected expense pops up, it can feel like a huge blow. One such cost that’s been increasingly affecting small businesses lately is the rise in web ADA lawsuits. These lawsuits, centered around web accessibility, are not just a concern for big corporations but have also become a significant issue for mom and pop shops. Let’s dive into why small businesses are particularly vulnerable to these lawsuits, how ADA website compliance has become a recent battleground, and what you can do to ensure your site is up to snuff.

Understanding Web Accessibility and ADA Lawsuits

Before we get into why small businesses are targeted, let’s start with the basics. The Americans with Disabilities Act (ADA) is a law designed to ensure that people with disabilities have equal access to all aspects of public life, including the digital world. Web accessibility falls under this mandate, meaning that websites need to be usable by people with various disabilities, such as vision impairments, hearing loss, or mobility issues.

In recent years, ADA lawsuits focusing on web accessibility have surged. In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

The idea is that if your website isn’t accessible to everyone, including those with disabilities, you could be breaking the law. This has led to a spike in legal actions, with plaintiffs’ lawyers targeting businesses they believe are not compliant with ADA standards.

Why Are Small Businesses Targeted by Plaintiffs’ Lawyers?

You might wonder why small businesses, especially those run by hardworking mom and pop owners, seem to be hit harder by these lawsuits than larger companies. Here are a few reasons why small businesses are often in the crosshairs:
1. Limited Resources: Small businesses often operate with tight budgets and limited staff. This means they might not have the resources to keep up with all the legal and technical requirements for web accessibility. Large corporations, on the other hand, typically have dedicated teams and budgets for compliance and legal matters.
2. Less Robust Defense: When a lawsuit is filed, it often involves extensive legal fees and time-consuming processes. Small businesses might find it harder to mount a strong defense against these lawsuits compared to larger companies that have in-house legal teams or access to experienced attorneys.
3. Higher Visibility: Many small businesses have websites that might not be as well maintained or as accessible as those of larger businesses. This makes them more noticeable targets for plaintiffs’ lawyers who are on the lookout for non-compliant sites.
4. Insurance Coverage: Small businesses might not have insurance that covers ADA-related lawsuits, or their coverage might not be comprehensive enough to handle the costs. Larger businesses are more likely to have insurance policies that include legal protections for such issues.
ADA Website Compliance: The Latest Tactic Used by Plaintiff’s Lawyers

As the internet has become a crucial part of doing business, ADA website compliance has emerged as a new tactic for plaintiffs’ lawyers. Here’s why this is happening:
1. Increased Focus on Digital Accessibility: With the rise of online shopping and digital services, accessibility issues have become more visible. Plaintiffs’ lawyers have noticed this trend and are using it as a new avenue to pursue claims.
2. Ambiguity in the Law: The ADA was enacted in 1990, long before the internet became a staple of daily life. As a result, there is some ambiguity about what constitutes compliance for websites. This lack of clear guidelines means that plaintiffs’ lawyers can argue their cases based on their interpretations of the law.
3. Settlement Potential: For many businesses, settling out of court is less costly than fighting a lawsuit. Plaintiffs’ lawyers know this and may target small businesses that are more likely to settle quickly rather than face lengthy legal battles.
4. Rising Awareness: As more people become aware of web accessibility issues, there is an increased chance of someone noticing and reporting non-compliant websites. This rising awareness has led to more lawsuits being filed.
How to Make Sure Your Small Business Website is ADA-Compliant

Now that we’ve covered why small businesses are often targeted and how ADA website compliance has become a popular legal battleground, let’s talk about what you can do to ensure your website is up to standard.
1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
3. Incorporate Accessibility Features: Make sure your website includes features that assist users with disabilities. This can include adding captions to videos, ensuring that your site is navigable by keyboard, and using descriptive link text.
4. Test with Real Users: If possible, get feedback from real users who have disabilities. Their experiences can provide valuable insights into areas where your website might need improvement.
5. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
6. Seek Professional Help: If you’re unsure where to start or need assistance, consider consulting with an accessibility expert or web developer who specializes in ADA, like 216digital. We can guide you through the process and help ensure that your website meets all necessary standards.
7. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
Protect Your Small Business With 216digital

ADA website compliance is crucial for small businesses, with significant implications that shouldn’t be overlooked. Plaintiffs’ lawyers often target mom-and-pop shops, making it essential to take proactive steps to ensure your website meets accessibility standards. By staying informed, conducting regular audits, and integrating accessibility features, you not only safeguard your business against costly lawsuits but also create a more inclusive experience for all your customers.

To ensure your website is fully compliant and accessible, consider scheduling an ADA briefing with 216digital. Our team can guide you through the complexities of web accessibility, helping you create a welcoming online space for everyone while protecting your business from potential legal risks. Don’t wait until it’s too late—reach out to us today to secure your website’s future.
Greg McNeil

August 21, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Small Business, Web Accessibility, Website Accessibility

ADA’s Original Purpose: Accessibility for All

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

High-Profile Examples and “Drive-By” Suits

The Disproportionate Impact on Small Businesses

Are ADA Lawsuits Leading to Real Accessibility Improvements?

How to Protect Yourself from Frivolous ADA Lawsuits

Conduct Regular Accessibility Audits

Follow WCAG Guidelines

Partner with Accessibility Experts

Stay Informed on Legal Trends

Maintain Documentation and Accessibility Policies

Moving Toward Meaningful Change in Web Accessibility

A Call for a Balanced Approach

What is ADA Compliance?

Can a Website Be 100% ADA-Compliant?

Accessibility Standards vs. Ongoing Compliance

False Claims by Agencies

What to Look For in an Agency

Setting Realistic Expectations

Secure Lasting Accessibility with 216digital

What is ADA Compliance?

Website Design and Development

Use Semantic HTML

Enable Keyboard Navigation

Ensure Sufficient Color Contrast

Provide Descriptive Alt Text for Images

Ongoing Monitoring and Testing

Conduct Regular Accessibility Audits

Engage in User Testing

Content Management and Regular Updates

Provide Content in Accessible Formats

Keep Content Updated

Avoiding Overlays

What You Can’t Control: Third-Party Content and Vendors

Third-Party Plugins and Widgets

Content Management Systems (CMS)

Outsourced Web Development and Content Creation

User-Generated Content

Strategies for Managing What You Can’t Control

Vetting and Selecting Accessible Vendors

Adding Disclaimers and Providing Alternatives

Foster Communication and Collaboration

Conclusion

Why Accessibility Matters for Online Retailers

The Web Accessibility Guidelines

Steps for Online Retailers to Improve Accessibility Right Now

Auditing Retail Sites for Accessibility Issues

Make Visual Content Accessible

Optimize Website Navigation and Structure

Improve Form Accessibility

The Retail Shopping and Checkout Process

Implement ARIA Landmarks and Roles

Testing and Ongoing Monitoring for Retailers

Partnering with Accessibility Experts

Accessibility Overlays: A Quick Fix or a Long-Term Solution?

Check Accessibility Off Your Shopping List

Case Overview: A New Direction

The Laws: Unruh Act and ADA Title II

What It Means for Web Developers: Widespread Impacts

What is the WCAG?

Why WCAG Matters

Best Practices for Developers and Digital Accessibility Experts

The Bigger Picture: Nationwide Repercussions

What is Web Accessibility?

WCAG Guidelines for Restaurants

How to Share Your Menu Accessibly

Use Semantic HTML

Provide Text Alternatives for Images

How to Describe Your Menu Items

How to Improve Reservation Booking Accessibility

Use Accessible Form Controls

ARIA Roles and Live Regions

Timeouts and Error Handling

Keyboard Navigation

Accessible Calendar Widgets

Going Beyond Compliance: User Experience Matters

A Taste of Accessibility

What is Web Accessibility?

Web Content Accessibility Guidelines (WCAG)

What is ADA Compliance?