ADA Website Compliance Archives /Tag

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
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

Understanding the Accessible Canada Act (ACA)

Who Needs to Comply with the ACA?

The Real-World Impact of Web Accessibility

ACA Web Accessibility Standards and Guidelines

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

How to Meet Web Accessibility Requirements

Start With an Audit

Get Feedback From User

Test Everything

ACA Reporting and Documentation

How to File an ACA Complaint

Other Accessibility Laws in Canada

Helpful Tools and Support

Make Accessibility a Core Part of What You Do

Common Accessibility Heartbreakers (Mistakes to Avoid)

1. The Ghosted Visitor: No Keyboard Navigation

Fix

2. The Mixed Signals: Low Contrast & Illegible Fonts

Fix

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

Fix

4. The Disappearing Act: Poor Focus Indicators

Fix

5. The Confusing Relationship: Inconsistent Heading Structure

Fix

6. The Commitment Issues: Unlabeled Form Fields

Fix

7. The Unwanted Surprise: Auto-Playing Content

Fix

Winning Hearts: Making Your Website More Accessible

Don’t Let Your Website Be a Heartbreaker

1. Growing Awareness of Accessibility Rights

2. The Rapid Expansion of Digital Technologies

3. Legal Precedents and Heightened Enforcement Trends

4. The Impact of Accessibility Testing Tools

5. The Demand for Proactive Accessibility Compliance

The Time to Act on Accessibility Is Now

What Is Digital Accessibility?

The Problem with Perfectionism

Why Focus on Progress?

Practical Tips for Achieving Digital Accessibility

Start with Low-Hanging Fruit

Integrate Accessibility into Your Workflows

Get Real Feedback from Users

Use Tools for Continuous Monitoring

It’s All About Consistent Improvement

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