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  • 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

    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.

    Kayla Laganiere

    September 4, 2024
    Testing & Remediation
    ADA Compliance, ADA Website Compliance, digital accessibility, Title II, Web Accessibility
  • Why Small Businesses Face More ADA Web Lawsuits

    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
  • 2024 Mid-Year Report ADA Lawsuits Trends

    2024 Mid-Year Report ADA Lawsuits Trends

    As we reach the midpoint of 2024, it’s crucial for business owners, project managers, and web development teams to stay informed about trends and challenges related to ADA lawsuits, especially concerning web accessibility. In recent years, the landscape of digital accessibility has evolved significantly, impacting businesses of all sizes across various industries. This article aims to provide a comprehensive mid-year report on ADA lawsuits, upcoming trends, and proactive measures to protect your online business.

    Trends in 2024 for ADA Lawsuits

    As we move through 2024, the landscape of Americans with Disabilities Act (ADA) lawsuits is undergoing significant changes. Several emerging trends reflect shifts in legal practices, targets of litigation, and evolving standards in web accessibility. Here’s a comprehensive look at what you can expect in the upcoming months.

    Decrease in Overall ADA Lawsuit Numbers

    For the first time in years, there has been a slight decrease in the number of ADA lawsuits filed. In fact, we are anticipating to have 600 less federal court case than in 2023. This reduction is primarily due to increased judicial scrutiny. Judges now require plaintiffs and their legal teams to present more detailed and specific claims. Vague or generic allegations no longer suffice to move forward in court. This heightened scrutiny is filtering out cases deemed frivolous or opportunistic, leading to a decrease in the overall number of filings.

    Impact of Recent Defense Victories

    Recent defense victories in federal ADA claims have also contributed to this decline. These victories have set precedents that make it more challenging for plaintiffs to succeed with less substantiated claims. As a result, some law firms are shifting their focus to state courts, where they might perceive a higher chance of success. This shift is impacting the overall landscape of ADA lawsuits, with fewer cases reaching the federal level.

    Small Companies Are in the Crosshairs

    Interestingly, there has been a significant shift in the targets of ADA lawsuits. Over 66% of the lawsuits filed through June 2024 have been against companies with revenues under $25 million. In contrast, 34% have been against larger companies. This shift is a natural progression after years of lawsuits targeting major corporations. Many of the largest companies have already faced lawsuits and implemented comprehensive accessibility programs, leaving smaller businesses as the new focus for plaintiffs.

    The Rise of eCommerce and ADA Violations

    The rise in eCommerce, driven by changing consumer spending habits, has exposed more small and medium-sized businesses to potential ADA violations. As these businesses expand their online presence, they become more susceptible to lawsuits if their websites are not fully accessible. Smaller businesses may lack the resources or knowledge to ensure full compliance with ADA requirements, making them vulnerable targets for litigation.

    Overlays Could Make You a Target Now More Than Ever

    Despite significant investments in accessibility widgets, these tools often fail to reduce legal risks effectively. In fact, in 2024, plaintiffs have already filed 503 lawsuits against websites with active widgets, compared to 449 in 2023. This is a 20% increase in lawsuits against websites using widgets and screen overlays. These tools are marketed as quick fixes for accessibility issues but frequently fall short of their promises.

    Common Problems with Widgets

    It has been proven that accessibility widgets can create additional barriers for users with disabilities. Common problems include incompatibility with screen readers, failure to address all accessibility concerns, and even introducing new issues. These limitations highlight that relying solely on widgets is not an adequate solution for legal protection or genuine accessibility improvements. Businesses must seek comprehensive solutions to ensure their websites are fully accessible.

    Evolving Legal Standards

    The legal landscape surrounding web accessibility is continuously evolving. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. Depending on the size of their websites, these entities have two to three years to implement these accessibility standards.

    Potential Changes to ADA Title III

    While the current update focuses on public sector entities under ADA Title II, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This potential shift might lead to stricter and more uniform accessibility standards in the private sector, affecting businesses and nonprofits that interact with the public.

    Increased DOJ Enforcement

    The Department of Justice (DOJ) is expected to increase enforcement efforts, ensuring that businesses comply with these evolving standards. This means that businesses must stay informed about these changes and proactively work towards compliance to avoid potential lawsuits and penalties. Staying ahead of these legal standards will be crucial for businesses to minimize legal risks and enhance accessibility for all users.

    The Importance of Staying Informed

    Staying informed about the latest trends and legal changes in ADA compliance is crucial for businesses of all sizes. This not only helps in avoiding potential lawsuits but also ensures that businesses are accessible to all customers, enhancing their reputation and customer satisfaction. Companies should consider consulting with legal experts and accessibility professionals to stay ahead of the curve and implement best practices in web accessibility.

    How to Protect Your Online Business

    Navigating the complexities of ADA compliance can seem daunting, especially for those with limited knowledge of web accessibility standards. However, there are practical steps you can take to mitigate the risk of lawsuits and foster a more inclusive digital environment:

    1. Conduct an Accessibility Audit

    Start by conducting a comprehensive accessibility audit of your website. This involves assessing your site’s adherence to WCAG standards and identifying areas that may pose accessibility barriers. Consider engaging accessibility experts or using automated tools to assist in this process.

    2. Implement Accessibility Improvements

    Based on the findings of your audit, prioritize and implement necessary accessibility improvements. This may include optimizing navigation for keyboard users, providing alternative text for images, ensuring color contrast ratios comply with standards, and making multimedia content accessible.

    3. Train Your Team

    Educate your web development team, content creators, and digital marketers about web accessibility best practices. Training sessions can help increase awareness of accessibility guidelines and empower your team to proactively address accessibility issues in their respective roles.

    4. Monitor and Maintain Accessibility

    Accessibility is an ongoing commitment. Regularly monitor your website for accessibility compliance and address any new issues that arise. Incorporate accessibility checks into your regular maintenance routines to ensure ongoing compliance.

    5. Seek Legal Guidance if Needed

    If you receive a demand letter or face a lawsuit related to ADA non-compliance, seek legal guidance promptly. ADA litigation can be complex, and legal professionals specializing in accessibility law can provide valuable counsel and representation.

    Conclusion

    As we move forward in 2024, the landscape of web accessibility and ADA compliance continues to evolve. By prioritizing accessibility in your digital strategy and staying informed about legal requirements, you not only mitigate legal risks but also enhance the overall user experience for all visitors to your website. Remember, accessibility is not just a legal obligation but also a moral imperative to ensure inclusivity and equal access to information in the digital age.

    For more information on ADA compliance and web accessibility best practices, schedule a complimentary ADA strategy briefing with 216digital. Together, we can create a more inclusive online environment that benefits businesses and individuals alike.

    Greg McNeil

    August 19, 2024
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • How Accessibility Is a Business Advantage

    How Accessibility Is a Business Advantage

    In today’s digital world, accessibility isn’t just about doing the right thing; it’s about gaining a competitive edge. Embracing web accessibility can open doors to new customers, boost your search engine rankings, and protect your business from potential legal risks. More than that, it enhances the overall user experience, which translates to customer loyalty and retention. Let’s explore how making your website accessible benefits your business and why you should prioritize it today.

    Accessibility Drives Customer Experience and Retention

    At the heart of any successful business is a strong customer experience. When you prioritize accessibility, you ensure that every visitor, regardless of their abilities, can navigate and interact with your site. Imagine a potential customer with a visual impairment trying to read your content. If your website isn’t designed with accessibility in mind, you might lose that customer before they even get to know your products or services.

    By making your website accessible, you send a message that you care about all your customers. This commitment builds trust, a key ingredient in customer loyalty. When people know they can rely on your site to meet their needs, they’ll keep coming back. And repeat customers are more likely to recommend your business to others, creating a positive cycle of growth and retention.

    Mitigating Legal and Reputational Risks

    The legal landscape around digital accessibility is changing rapidly. In the United States, businesses are increasingly being held accountable for failing to make their websites accessible. Lawsuits related to the Americans with Disabilities Act (ADA) are on the rise, and the costs can be significant—not just in terms of fines but also in damage to your reputation.

    By proactively addressing accessibility issues, you can avoid these legal headaches. More importantly, you’ll be seen as a leader in your industry, committed to inclusivity and fairness. This can boost your brand’s reputation and set you apart from competitors who may still be lagging in this area.

    216digital’s web remediation services are designed to help businesses like yours stay ahead of the curve. We can help you identify potential risks and address them before they become legal liabilities, ensuring that your website is welcoming to all users.

    Enhancing User Experience and Engagement

    Good design is accessible design. When you make your website accessible, you’re not just helping people with disabilities; you’re improving the user experience for everyone. For instance, clear and easy-to-read fonts, intuitive navigation, and fast load times benefit all users, regardless of their abilities.

    When visitors have a smooth and enjoyable experience on your site, they’re more likely to engage with your content, stay longer, and make purchases. Accessibility features like keyboard navigation, text-to-speech options, and video captions can make your content more engaging and accessible to a broader audience.

    At 216digital, we focus on enhancing user experience through our comprehensive web remediation services. Our phased approach ensures that your website is not only accessible but also optimized for engagement and performance, creating a seamless experience for all users.

    Expanding Your Customer Base

    Did you know that over 61 million adults in the United States live with a disability? That’s 26% of the population that could be your customers—if your website is accessible. By making your site more inclusive, you can tap into this often-overlooked market.

    But it’s not just about people with disabilities. Accessible websites are easier for everyone to use, including older adults, people with temporary injuries, and even those with slow internet connections. In other words, accessibility broadens your reach, allowing you to connect with a more diverse audience.

    Expanding your customer base means more potential sales, and that’s a win for any business.

    Cost Savings

    You might think that making your website accessible is an expensive undertaking. However, consider the long-term savings. Investing in accessibility upfront can save you from costly lawsuits, as we mentioned earlier, but it can also reduce future development costs.

    By incorporating accessibility into your website from the beginning, you avoid the need for expensive redesigns or retrofits later on. Plus, accessible websites are often more streamlined and efficient, which can reduce hosting and maintenance costs.

    Our team at 216digital is skilled at integrating accessibility into your website in a cost-effective way. Our approach ensures that you get the most value for your investment, with no unnecessary expenses.

    Improved Search Engine Ranking

    Accessibility and search engine optimization (SEO) go hand in hand. Search engines like Google prioritize websites that are easy to navigate, with clear headings, alternative text for images, and fast load times—all key components of an accessible website.

    When your website is accessible, it’s more likely to rank higher in search engine results. This means more visibility, more traffic, and more potential customers finding your business online.

    For more information on SEO and web accessibility, check out our article “Web Accessibility and Search Engine Optimization: a Powerful Combination.”

    Brand Reputation

    In today’s socially conscious world, consumers are paying attention to how businesses treat their customers. Companies that prioritize accessibility are seen as forward-thinking, inclusive, and caring. This positive perception can enhance your brand reputation and attract loyal customers who appreciate your commitment to inclusivity.

    When your brand is associated with positive values like accessibility, you’re more likely to stand out in a crowded market. People want to support businesses that align with their values, and accessibility is increasingly becoming a priority for many consumers.

    Future-Proofing Your Business

    The digital world is constantly evolving, and accessibility is no exception. What’s considered accessible today might not meet the standards of tomorrow. By making accessibility a priority now, you’re future-proofing your business against changes in technology and regulations.

    Being proactive about accessibility means you’re prepared for whatever comes next. Whether it’s new laws, emerging technologies, or shifts in consumer expectations, having a solid foundation in accessibility ensures that your business can adapt and thrive.

    216digital’s web remediation services are designed to help you stay ahead of the curve. Our ongoing support and a11y.Radar monitoring services ensure that your website remains compliant and accessible as standards evolve, giving you peace of mind and a competitive edge.

    Wrapping Up

    Accessibility isn’t just a buzzword; it’s a business advantage. From driving customer experience and retention to mitigating legal risks, enhancing user engagement, and improving your search engine rankings, accessibility offers countless benefits. It’s an investment that pays off in the form of a more inclusive, engaging, and successful website.

    At 216digital, we’re here to help you unlock the full potential of web accessibility. Our comprehensive web remediation services ensure that your website is optimized for performance and engagement. Don’t miss out on the opportunity to make accessibility your business’s secret weapon.

    Whether you’re just starting your accessibility journey or looking to enhance your current efforts, 216digital has the expertise and tools to help you succeed. Let’s make your website a place where everyone feels welcome.

    Find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    August 15, 2024
    The Benefits of Web Accessibility
    Accessibility, ADA Compliance, ADA Website Compliance, digital accessibility, SEO, Web Accessibility, Website Accessibility
  • How CTOs Can Mitigate the Risk of ADA Lawsuits

    How CTOs Can Mitigate the Risk of ADA Lawsuits

    As the Chief Technology Officer (CTO) in a corporate environment, you bear a significant responsibility: overseeing the technological backbone of your organization. This Role has evolved beyond managing IT infrastructure and software development in today’s digital landscape. One critical aspect that demands your attention is digital accessibility—a legal and ethical obligation that, if neglected, can expose your organization to the growing threat of digital ADA (Americans with Disabilities Act) lawsuits.

    Understanding the Digital ADA Landscape

    The ADA, enacted in 1990, was initially intended to ensure that people with disabilities have equal access to public spaces. With the digital revolution, this principle has extended to the online world, mandating that websites, mobile apps, and other digital assets be accessible to all users, including those with disabilities. In recent years, lawsuits have been filed targeting companies whose digital properties are not compliant with the ADA. These lawsuits allege that inaccessible websites and apps discriminate against users with disabilities, violating the ADA’s principles.

    The Rising Tide of Digital ADA Lawsuits

    The number of digital ADA lawsuits has skyrocketed over the past few years. 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.

    What’s driving this surge? Several factors contribute:

    1. Increased Awareness and Advocacy: Disability advocacy groups are more vocal than ever, raising awareness about digital accessibility issues and encouraging individuals to take legal action.
    2. Legal Precedents: Courts have increasingly ruled that websites and other digital platforms are extensions of physical spaces and must be accessible under the ADA.
    3. Regulatory Scrutiny: The Department of Justice (DOJ) has clarified that digital accessibility is a priority, further emboldening plaintiffs to file lawsuits, stating:
    4. “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)
    5. Automation of Legal Processes: Some law firms leverage automation to identify non-compliant websites and initiate lawsuits at scale, making pursuing such cases more accessible and lucrative. In fact, the top 10 plaintiff law firms in 2023 account for more than 80% of all federally filed cases.

    The Financial and Reputational Risks

    For CTOs, the implications of a digital ADA lawsuit are significant. The financial costs can be staggering, including legal fees, settlement amounts, and the expenses associated with remediating your digital properties to meet compliance standards. Additionally, there is the risk of punitive damages, mainly if your organization is found to have willfully ignored accessibility requirements.

    Beyond the financial impact, there is also the potential damage to your organization’s reputation. A lawsuit can tarnish your brand image, leading to negative press coverage and losing trust among consumers, partners, and investors. In a world where corporate responsibility and inclusivity are increasingly valued, failing to prioritize digital accessibility can undermine your organization’s standing in the marketplace.

    Key Areas of Vulnerability for a ADA Lawsuits

    As CTO, you must recognize the key areas where your organization may be vulnerable to digital ADA lawsuits:

    1. Website Accessibility: Your organization’s website is often the primary target of ADA lawsuits. Key issues include missing alt text for images, poor keyboard navigation, and a need for compatibility with screen readers. Even minor oversights can lead to significant legal trouble.
    2. Mobile Applications: With the rise of mobile-first strategies, ensuring your apps are accessible is crucial. This includes providing text alternatives for non-text content and ensuring that all interactive elements are readily usable by individuals with disabilities.
    3. Digital Documents: PDFs, Word documents, and other downloadable files on your website must be accessible. This means using proper tagging, ensuring screen readers can interpret content accurately, and providing alternative formats when necessary.
    4. E-commerce Platforms: If your organization operates an online store, the checkout process must be fully accessible. Issues such as inaccessible forms, missing labels, and problematic error messages can expose your organization to legal action.
    5. Third-Party Integrations: Any third-party tools or plugins used on your website or app must also be accessible. Relying on non-compliant third-party solutions does not absolve your organization of liability.

    Proactive Measures to Mitigate Risk

    Mitigating the risk of digital ADA lawsuits requires a proactive approach. As CTO, you are pivotal in implementing strategies that ensure your digital properties are compliant and accessible. Here’s how to get started:

    1. Conduct a Comprehensive Accessibility Audit: Conduct a thorough audit of your digital properties. This should include both automated and manual testing to identify accessibility issues. Automated tools can quickly highlight apparent problems, while manual testing ensures that the most nuanced matters are caught. Partnering with a firm like 216digital can give you the expertise needed to conduct a robust audit.
    2. Implement Accessibility Remediation: Once the audit is complete, prioritize the remediation of identified issues. This may involve updating your website’s code, redesigning certain elements, or working with third-party vendors to ensure their tools are accessible. Remember, accessibility is an ongoing process, not a one-time fix.
    3. Adopt an Accessibility-First Mindset: Integrate accessibility into your development lifecycle. This means ensuring that all new digital products and updates are designed with accessibility. Educate your development team on accessibility best practices and incorporate accessibility checks into your quality assurance processes.
    4. Stay Informed on Legal and Regulatory Developments: The legal landscape surrounding digital accessibility is constantly evolving. Stay informed about the latest court rulings, DOJ guidance, and state-specific regulations that may impact your organization. This knowledge will help you anticipate potential risks and adapt your strategy accordingly.
    5. Engage in Ongoing Monitoring and Maintenance: Accessibility is not a set-it-and-forget-it task. Regularly monitor your digital properties to ensure ongoing compliance. Tools like 216digital’s a11y.Radar service offers continuous monitoring, helping you stay ahead of potential issues and avoid costly lawsuits.
    6. Develop an Accessibility Statement: An accessibility statement on your website demonstrates your commitment to inclusivity and transparency. It should outline your organization’s steps to ensure accessibility, provide contact information for users to report issues, and offer alternative ways to access content.

    The Role of 216digital in Mitigating ADA Lawsuits

    At 216digital, we understand the complexities and challenges of achieving and maintaining digital accessibility. Our comprehensive services are designed to support CTOs like you in mitigating the risk of ADA lawsuits while ensuring that your digital properties are inclusive for all users, from conducting thorough accessibility audits to providing ongoing monitoring with our a11y. Radar service offers the expertise and tools needed to safeguard your organization.

    Conclusion

    As a CTO in Corporate America, understanding and mitigating the risk of digital ADA lawsuits is crucial to your Role. By prioritizing accessibility, you protect your organization from legal and financial repercussions and contribute to a more inclusive digital landscape. With the right strategies and partners, you can confidently navigate this complex issue, ensuring that your digital properties are compliant, accessible, and free from the threat of costly litigation.Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your organization.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, CTOs, web accessibility lawsuits, Website Accessibility
  • ADA Compliance for Videos

    ADA Compliance for Videos

    If you’re a website owner, developer, or content creator, you might already be familiar with the importance of making your site accessible. You might have heard about adding alt text to images or ensuring that your site is navigable using just a keyboard. But what about videos?

    Videos are a powerful way to communicate with your audience, but if they aren’t accessible, you could be missing out on a large portion of your audience and might even run into legal issues. In this article, we’re diving into ADA compliance for videos, why it’s important, and how to make sure your videos are accessible to everyone.

    What is ADA Video Compliance?

    ADA stands for the Americans with Disabilities Act, which was passed in 1990 to prevent discrimination against individuals with disabilities. While it originally focused on physical spaces like buildings, the ADA has evolved to include digital spaces, including websites and the content they host. When we talk about ADA compliance for videos, we’re referring to making sure that your videos can be accessed and understood by everyone, including people with disabilities.

    ADA compliance for videos is closely related to the Web Content Accessibility Guidelines (WCAG), which provide a set of standards for making web content more accessible. The most recent version, WCAG 2.1, lays out specific guidelines for making videos accessible.

    Why is ADA Video Compliance Important?

    You might be wondering why ADA video compliance is so crucial. There are a few key reasons:

    1. Inclusivity: Making your videos accessible ensures that everyone, regardless of ability, can engage with your content. This isn’t just the right thing to do, it also makes good business sense. When your content is accessible, you open up your site to a broader audience.
    2. Legal Requirements: The ADA requires that digital content be accessible, and failure to comply can result in lawsuits. While the law may not specifically mention videos, courts have interpreted the ADA to include all web content, including multimedia such as videos.
    3. Better User Experience: Accessible videos provide a better experience for all users. Features like captions can help people understand your content in noisy environments or when they’re not able to use sound.
    4. Search Engine Optimization (SEO): Adding captions, transcripts, and other accessibility features can also help with SEO. Search engines can’t watch videos, but they can read captions and transcripts, which can help your content rank better in search results.

    WCAG 2.1 Video Requirements

    Understanding and following WCAG guidelines can help make sure your videos meet ADA requirements. The latest version, WCAG 2.1, sets clear rules for making videos accessible, which are important for legal reasons.

    WCAG 2.1 details most video-related requirements in Section 1.2. This section focuses on providing alternatives for time-based media like audio and videos. Here are the key guidelines for video content for Level A and AA:

    1. 1.2.1: For prerecorded videos with no audio, there must be an audio track that gives the same information.
    2. 1.2.2: Captions should be included for all prerecorded audio in videos.
    3. 1.2.3: Prerecorded videos should have audio descriptions.
    4. 1.2.4: Live videos should include captions for all spoken content.
    5. 1.2.5: All prerecorded videos must have audio descriptions.

    Tips for Creating Accessible Videos

    Provide Captions for Multimedia Content

    Captions are text versions of the spoken part of a video or audio. They display the dialogue, sound effects, and other audio cues. For example, if a character in a video says, “I’m going to the store,” the caption will show this text on the screen. Captions are usually placed at the bottom of the video, so they don’t cover up important parts of the visuals.

    SC 1.2.2 Captions (Prerecorded) states that all prerecorded video and audio content must have captions. This helps people who can’t hear or who prefer to read understand what’s going on in the media.

    Think About Your Audience When Writing Captions

    Just adding captions to your videos isn’t enough. You need to ensure they’re accurate, easy to read, and truly helpful for viewers.

    Here’s what your captions should do:

    • Include All Dialogue and Key Sounds: Capture every word spoken in the video, and don’t forget important sounds and music—for instance, sound effects from sports events.
    • Match the Audio and Video: Make sure captions sync up with what’s happening in the video. They shouldn’t lag behind someone speaking or an animation on screen.
    • Be Readable: Use a font size that’s big enough for everyone to see comfortably.
    • Cover All Your Videos: Add captions to every video you share, even on social media.

    Watch Out for Automated Captions

    When it comes to captions, it’s best to steer clear of automated tools. While AI has gotten a lot better, these automatic captions still make mistakes that can be annoying and distracting for viewers.

    If you do use automated captions, make sure to check them thoroughly for errors. The ideal approach is to create your own captions and transcripts while you’re working on your video scripts.

    Include Audio Descriptions

    Audio descriptions are better than transcripts for people who are blind or visually impaired. Think of them like a podcast that explains what’s happening in a video. They provide information without requiring the viewer to see the screen.

    Adding audio descriptions to your videos might feel a bit unusual at first, but it quickly becomes second nature. Audio descriptions are specifically created to help users with vision loss by describing the visual elements of a video. They include a voice track that fits into the pauses between dialogue and other audio; whenever you can, include audio descriptions in your videos.

    Provide a Transcript

    WCAG guidelines don’t require transcripts for pre-recorded videos with audio. However, if you publish videos without audio, you need to provide a detailed transcript to meet WCAG SC 1.2.1 (Audio-only and Video-only).

    While captions alone can make videos accessible, providing transcripts is a good practice. Transcripts let people read at their own pace, which helps those using assistive technology, non-native speakers, and individuals with learning disabilities.

    Make Sure Your Video Player Has Accessible Controls

    Many people use keyboards to navigate the web without a mouse. Keyboard accessibility is an important part of making websites usable for everyone, but video players can sometimes create problems for keyboard users. These issues usually come from poor coding or JavaScript problems.

    To check if your video player works well with a keyboard, open your website in a browser and use the Tab and Shift-Tab keys to move through the controls. As you test, ask yourself these questions:

    • Can I use all the controls on the video player?
    • Does the keyboard seem to get “stuck” on any control or part?
    • Which part is currently selected by the keyboard?

    Avoiding Flashing Content

    Videos that flash or flicker can be problematic for people with photosensitive epilepsy. WCAG guidelines recommend avoiding content that flashes more than three times per second to prevent triggering seizures.

    How to Install Videos on Your Website to Be Accessible

    Now that you understand the importance of ADA video compliance and the relevant WCAG guidelines, let’s talk about how to install videos on your website to ensure they are accessible.

    Choose an Accessible Video Player

    The first step is to choose a video player that is designed with accessibility in mind. Many popular video players, like YouTube’s embedded player, already have features like keyboard accessibility and customizable captions. If you’re using a custom video player, make sure it meets WCAG guidelines by testing it with keyboard navigation and screen readers.

    Add Captions to Your Videos

    When you upload a video to your site, you’ll want to make sure it has captions. If you’re using a platform like YouTube, you can upload your own captions or use the platform’s automatic captioning feature, though it’s a good idea to review and edit these captions for accuracy. If you’re hosting videos yourself, there are many tools available for creating and syncing captions.

    Provide Transcripts

    After you’ve added captions, the next step is to create a transcript of the video. You can offer the transcript as a downloadable file or display it directly on the page below the video. Providing a transcript not only helps with accessibility but can also improve your site’s SEO.

    Include Audio Descriptions

    For videos with important visual content that isn’t described in the audio, consider creating a version of the video with audio descriptions. This can be as simple as adding a voiceover that describes key visual elements or creating a separate audio track that users can turn on if they need it.

    Test Your Videos for Accessibility

    Once you’ve added all the necessary accessibility features, it’s important to test your videos to ensure they are actually accessible. This means watching the video with captions and a screen reader, navigating the player with just a keyboard, and making sure the video content is clear and understandable, even without sound or visuals.

    Use an Accessibility Checker

    There are many tools available that can automatically check your site’s accessibility, including your videos. These tools can identify issues you have missed and suggest ways to fix them. Regularly running these checks can help you maintain ADA compliance as you add new content to your site.

    Make Accessibility a Priority

    Web accessibility isn’t just a legal requirement—it’s a way to make your content more inclusive and reach a wider audience. By focusing on ADA video compliance, you’re taking important steps to ensure that everyone, regardless of ability, can enjoy and engage with your content. Whether you’re a website owner, developer, or content creator, making your videos accessible should be a top priority.

    Remember, accessibility is an ongoing process. As you continue to create and share video content, keep WCAG guidelines in mind, and make it a habit to review and update your accessibility features regularly. Not only will this help you avoid legal issues, but it will also help you create a more inclusive and welcoming online experience for all your users.

    If you need help with video accessibility or legal compliance, we’re here to help.  Schedule a briefing with 216digital today so that you can confidently take this next step into digital accessibility.

    Greg McNeil

    August 9, 2024
    How-to Guides
    Accessibility, ADA Compliance, ADA Website Compliance, videos and audio content, Web Accessibility, web development, Website Accessibility
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