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  • Automated Scans: The Good, the Bad, and the Gaps

    Creating a truly inclusive online experience means making sure everyone can comfortably navigate and enjoy your website. If your business aims to meet accessibility guidelines like WCAG and comply with laws such as the Americans with Disabilities Act (ADA), you’ve probably considered automated accessibility scans as a helpful first step. Popular tools like WAVE, PowerMapper, and Google Lighthouse can swiftly highlight accessibility issues, making them a practical starting point.

    But here’s the thing—automated scans aren’t magic. They typically catch only about 20-30% of accessibility problems covered by WCAG 2.1 AA, mostly basic mistakes. Many important issues need a human touch—manual testing and real judgment—to make sure your website truly serves everyone. This article breaks down what automated scans do well, where they fall short, and tackles some common misconceptions, helping you build a complete, effective approach to digital accessibility.

    The Good: Why Automated Accessibility Scans Are Helpful

    Automated accessibility scans offer a quick and practical way to uncover accessibility problems. Here’s why they’re so beneficial:

    1. Speed and Efficiency Automated tools can quickly scan your entire website within minutes, analyzing hundreds or even thousands of pages. They’re perfect for frequent or large-scale audits without overwhelming your resources.

    2. Consistent Results Unlike manual tests, automated scans apply the same criteria every time, ensuring consistent results across your entire site.

    3. Budget-Friendly Initial Assessment For businesses working with tight budgets, automated scans offer an affordable way to spot common issues, helping you take immediate action without the hefty costs of comprehensive manual audits.

    4. Quickly Spots Easy-to-Fix Issues Automated scans excel at identifying straightforward problems such as missing alternative text for images, insufficient color contrast, empty form labels, and poorly labeled buttons.

    5. Fits Seamlessly into Development Workflows Modern accessibility tools integrate directly with your existing development processes, allowing teams to catch and fix issues early on—saving time and reducing future remediation costs.

    The Bad: Limitations of Automated Scans

    To avoid a false sense of security, organizations need to understand the limitations of automated scans:

    1. Can’t Identify Contextual Issues Automated tools aren’t great at judging context. For example:

    • Alternative Text: They detect missing alt text but can’t determine if descriptions are actually helpful.
    • Keyboard Navigation: Tools may confirm elements are focusable but can’t judge ease of use.
    • Form Usability: Automated scans notice if labels exist, but can’t assess how easy forms are to use.

    2. Struggles with Dynamic Content Automated tools often miss dynamic and interactive content, such as:

    • ARIA implementations
    • Live region updates
    • Changes in modal dialogs or dropdowns

    3. False Positives and False Negatives Automated scans sometimes flag issues that aren’t real barriers (false positives) or overlook genuine problems (false negatives), potentially causing unnecessary work or leaving critical issues unaddressed.

    4. Not a Substitute for Real User Testing Automated scans can’t replicate the experience of actual users who rely on assistive technology. Only manual testing and real user feedback can fully validate accessibility.

    5. Risk of Legal Issues Relying solely on automated scans won’t guarantee full legal compliance. Courts consistently rule that automated tools alone aren’t enough, potentially exposing organizations to legal action.

    The Gaps: Bridging Automation with Human Insight

    To build a truly accessible website, combine automated testing with manual evaluation:

    1. Mix Automated and Manual Testing A comprehensive audit should include both automated and manual methods. Automated tools give a broad initial review, while manual testing covers the usability and context these tools miss.

    2. Perform Real-World Testing with Screen Readers and Keyboards Manual tests with screen readers and keyboard navigation ensure your website is practically accessible in real-world use.

    3. Get Expert Audits Professional accessibility audits blend automated tools, manual testing, and real-user scenarios, uncovering hidden issues automated scans might overlook.

    4. Continuously Monitor Accessibility Accessibility isn’t a one-time fix. Regular monitoring with tools like a11y.Radar helps maintain compliance even as your website evolves.

    5. Educate Your Team Training your developers, designers, and content creators on accessibility best practices minimizes future issues. Automated tools should guide—not replace—human judgment.

    Conclusion: Finding the Right Balance

    Automated accessibility scans are fantastic for quickly identifying common issues but aren’t enough on their own. Recognizing their limitations highlights why manual testing, expert reviews, and ongoing monitoring are vital. Businesses committed to digital accessibility should adopt a balanced approach, combining automated tools with human insights to ensure truly inclusive experiences. If you’re looking for guidance or support in building this balanced approach, the experts at 216digital can help you navigate your accessibility journey. Ultimately, accessibility is about genuinely understanding and meeting real users’ needs, going beyond mere compliance.

    Greg McNeil

    March 17, 2025
    Testing & Remediation
    Accessibility, automated scans, automated testing, manual audit, Manual Testing, Web Accessibility
  • Coffee Shop Website Accessibility: What’s Missing?

    Have you ever visited a coffee shop’s website to check their menu, order online, or see their hours? Did you feel lost because the site was confusing? Now, imagine dealing with that struggle each time you want to find your go-to latte. Or when you want to learn about a shop’s new roast. For people who rely on screen readers or have other visual impairments, that frustration can happen a lot.

    Many coffee shop owners and content creators in the United States might not realize these barriers exist. Making sure everyone can move around your website without trouble is more important than you might think. In this post, I’ll point out some common obstacles and why they matter. I’ll also share how a few small changes can make a big impact.

    Why Does Coffee Shop Website Accessibility Matters?

    When you think about coffee shops, you might picture a warm atmosphere and friendly baristas. You might also imagine the smell of freshly brewed beans. Online, we want to capture that same welcoming feeling. By focusing on coffee shop website accessibility, we want to make sure people can order their favorite drinks. We also want them to read menu items or discover new roasts without trouble.

    If a visually impaired customer struggles to find key details, they might miss out on daily deals or new seasonal drinks. They could even miss basic facts like store hours.

    One often overlooked detail is how screen readers work. These tools read text out loud to users who can’t see the screen. If a website isn’t organized well, or if images don’t have good descriptions, screen reader users can miss key details. It’s crucial to keep everything labeled and clear. That could mean they never learn about your limited-edition pumpkin spice latte or your special buy-one-get-one-free deal. By making a few updates, you can share the joy of your coffee shop with everyone who visits online.

    Missing Alt Text for Images

    Coffee shops show off photos of their specialty drinks, pastries, and interiors. There’s nothing quite like seeing a perfectly steamed latte art design on the homepage. However, if these images don’t include a brief written description (often called “alt text”), a screen reader can’t share that info with someone who is visually impaired. That leaves them guessing what’s in the image.

    What to do:

    • Make sure each picture has short alt text that describes what’s shown. If you have a frothy cappuccino in a ceramic mug with a leaf design on top, write something like, “Cappuccino with leaf latte art in a white mug.”
    • Keep it simple and clear. A few words can help everyone enjoy the same tasty-looking photos.

    Hard-to-Read Text and Poor Contrast

    Sometimes, coffee shop websites use warm and earthy color palettes to match the cozy vibe of a local café. But light brown text on a cream background can be hard for many people to read. Dark red lettering on a black background can cause the same problem.

    If your text and background colors don’t have enough contrast, users might struggle to read menu items or promotions. They could also miss important contact details.

    What to do:

    • Pick colors with high contrast, so text stands out. You can use free online contrast-checker tools.
    • Keep text large enough so visitors of all ages can comfortably read your menu and shop info. Test on a phone or tablet to see if users need to zoom in.

    Unclear Headings and Structure

    Have you ever looked at a website and felt lost because everything blended together? Using clear headings and labels helps both sighted users and people with screen readers navigate your site.

    When your text is broken into sections like “Our Menu,” “About Us,” “Location,” and “Contact,” users can jump right where they need to go. This layout helps both sighted users and screen readers. Screen readers also rely on proper heading levels (like H1, H2, H3) to guide listeners in the right order. If headings aren’t used correctly, the page can feel disorganized for those who can’t see it.

    What to do:

    • Give each page a main heading (H1), then use H2s and H3s for subheadings.
    • Don’t skip heading levels. Going from H1 to H3 can confuse people using screen readers.

    Unlabeled or Unclear Links and Buttons

    Buttons like “Order Now,” “Sign Up,” or “View Menu” should clearly say what they do. If a button only says “Click Here,” screen reader users might not know what “here” refers to. The same goes for links.

    If many links are labeled “Learn More,” it’s tricky to figure out which page or product each link goes to. Users might have to guess or click blindly.

    What to do:

    • Use descriptive link and button text, like “Order a Latte” or “Learn About Our Pastries.”
    • If you offer online ordering, label each step so people know exactly what to do next.

    Forms Without Proper Labels

    Some coffee shop websites have newsletter sign-up forms or contact forms for special orders. If these forms aren’t labeled well, a screen reader might say something like “edit box” instead of “email address.” That can leave users guessing what to type.

    What to do:

    • Label each form field clearly. For instance, use “Name” or “Email Address” so people know what goes where.
    • Provide helpful error messages. If someone enters an invalid email, explain what happened and how to fix it.

    Videos Without Captions or Transcripts

    Video might not be the first thing that comes to mind for a coffee shop website. Still, some shops post video tours, latte art tutorials, or interviews with the barista. If these don’t have captions or transcripts, users who are deaf or hard of hearing could feel left out. Good website accessibility means making the site easy for everyone, not just folks with vision challenges.

    What to do:

    • Add captions to your videos or provide a simple transcript. This helps anyone who can’t hear or who’s watching in a quiet place (or a super noisy one).

    How to Get Started

    Improving coffee shop website accessibility doesn’t have to be complicated. You can start by using free online tools that scan your pages and highlight issues like missing alt text or low contrast. It also helps to ask a few friends or loyal customers to test your site and tell you what works and what doesn’t.

    If you find bigger problems, think about working with a web developer who understands website accessibility. They can guide you through changes and help you meet standards commonly used in the United States. Even small fixes can create a smoother online experience for everyone, from a busy parent ordering pastries for the weekend to a coffee enthusiast searching for a new blend to try.

    A Warm Welcome, On and Offline

    When people walk through your coffee shop’s door, you greet them with a smile. Why not do the same online? A website that’s easy to use creates that same feeling of warmth and belonging. Whether someone’s checking your menu for gluten-free treats, ordering a bag of beans for home, or simply browsing the specials, clear labels and good navigation make them feel included.

    By focusing on coffee shop website accessibility, you open your digital doors to everyone. It’s a great way to build community, grow your business, and show off what makes your café special. After all, everyone deserves to enjoy that perfect cup of coffee—no matter how they get there.


    If you’re ready to make your coffee shop’s website more accessible but aren’t sure where to start, 216digital can help. We specialize in website accessibility solutions tailored to small businesses, making sure your site is welcoming for everyone. Let’s work together to create a seamless online experience—just like the one you offer in your shop.

    Greg McNeil

    March 14, 2025
    How-to Guides, WCAG Compliance
    Accessibility, coffee shop, forms, Image Alt Text, videos and audio content, Web Accessibility
  • Keyboard Accessibility: A Guide for Web Developers

    Think about the last time you visited a website with a complex menu or a long list of links. If you tried navigating without a mouse—maybe because you found it faster to use the Tab key—you might have encountered invisible outlines, a random tab order, or even getting stuck in a popup with no clear way out. These problems highlight why keyboard accessibility is essential.

    When websites are built so that every button, link, and form field is accessible via keyboard, it becomes easier for everyone to navigate and complete tasks.

    What Is Keyboard Accessibility?

    At its core, keyboard accessibility ensures that everything on a website can be reached and used without a mouse. This is crucial for people with motor impairments who rely on keyboards or assistive devices, as well as users with visual impairments who navigate with screen readers. Even power users benefit, often finding keyboard shortcuts and navigation faster than using a mouse.

    Beyond improving usability, proper keyboard accessibility leads to better-organized code and a more logical page structure—benefits that search engines reward with better SEO rankings. Simply put, improving keyboard accessibility benefits both users and website owners. However, achieving it comes with challenges.

    Common Keyboard Accessibility Challenges

    Despite its importance, keyboard accessibility is often overlooked. Many websites suffer from poor focus visibility, illogical tab orders, and keyboard traps that frustrate users. Addressing these pitfalls is key to creating a smooth, user-friendly experience.

    Below are three of the most common keyboard accessibility issues—and how to fix them.

    1. Designing Effective Focus Indicators

    Focus indicators visually highlight which element is currently selected when navigating with a keyboard. They help users track their position as they move through a webpage using the Tab key.

    Why Focus Indicators Matter

    Imagine navigating a website solely by keyboard. If you press Tab but can’t see where you are because the focus highlight is too faint—or missing altogether—you’re left guessing. This creates confusion and frustration. Clear, high-contrast focus indicators ensure users always know where they are on the page.

    Best Practices for Focus Indicators

    • Outline thickness: At least 2 CSS pixels
    • Outline offset: Keep at least 2 CSS pixels between the outline and the element’s edge
    • Contrast ratio: A minimum of 3:1 between the focus indicator and the background

    Understanding the :focus-visible Pseudo-Class

    The :focus selector applies styles whenever an element gains focus, including when it’s clicked with a mouse. But :focus-visible applies focus styles only when an element is navigated via keyboard, keeping the interface clean for mouse users while ensuring keyboard users get clear visual cues.

    Example:

    *:focus-visible {
      border: 2px solid black; /* Ensure noticeable contrast */
      outline-offset: 2px;
    }

    2. Maintaining a Logical Navigation Order

    Users navigate websites sequentially using the Tab key. The focus order should match the visual layout to avoid confusion. A mismatch disrupts the browsing experience, making it difficult for users to predict what comes next.

    Tips for Logical Navigation

    • Use proper HTML structure: Semantic elements like headers (<h1> – <h6>), lists, and landmarks guide screen readers and browsers to interpret content correctly.
    • Avoid positive tabindex values: Manually setting a positive tabindex can force elements into an unnatural order, leading to confusion.
    • Provide “Skip to Main Content” links: These allow users to bypass repetitive navigation and jump straight to the main content.
    • Beware of keyboard traps: Ensure users can always navigate away from popups, modals, or embedded elements using only the keyboard.

    3. Proper tabindex Implementation

    The tabindex attribute controls how elements receive focus. While useful in some cases, it’s often misused.

    What tabindex Does

    • tabindex="0": Inserts the element into the default tab order based on its position in the DOM. Ideal for custom interactive elements like <div> buttons.
    • tabindex="-1": Removes an element from sequential keyboard navigation but allows focus via scripting. Useful for modals or hidden elements.
    • Positive values (e.g., tabindex="1"): Best avoided, as forcing a custom order can break the expected tab sequence and frustrate users.

    Best Practices

    • Use semantic HTML (<button>, <a>), which is naturally keyboard-accessible.
    • Avoid adding tabindex to non-interactive elements like text or static images.
    • Use negative tabindex for hidden or modal content that should only receive focus under certain conditions.
    • Stick to the natural tab order whenever possible—custom focus orders should be a last resort.

    Testing Your Website’s Keyboard Accessibility

    Even with best practices in place, testing is essential to catch issues before they impact users. A combination of manual and automated testing provides the most reliable results.

    Manual Testing

    • Navigate using only a keyboard: Use the Tab key to move through all interactive elements. Press Enter (or Space) to activate buttons and links.
    • Check focus visibility: Ensure focus indicators are always clear and meet contrast requirements.
    • Verify logical tab order: Does the sequence make sense based on how someone would naturally read or navigate your page?
    • Watch for keyboard traps: Ensure modals, dropdowns, and embedded content allow users to navigate away freely.

    Automated Testing Tools

    Browser-Based Tools

    • Firefox Accessibility Inspector: Displays how the browser interprets focusable elements.
    • Chrome DevTools (Accessibility Panel): Helps analyze the site’s structure.
    • WAVE Evaluation Tool: Flags potential accessibility issues directly in the browser.

    While these tools are powerful, nothing replaces real user feedback. Testing with people who rely on keyboard navigation often reveals hidden issues automated tools miss.

    Conclusion

    Keyboard accessibility is a fundamental part of inclusive web design. Making sure users can navigate your site without a mouse ensures better usability for everyone—including people with disabilities who rely on keyboard navigation. Plus, it improves SEO, usability, and compliance, making it a win-win for both users and businesses.

    The best practices covered here—such as customizing focus indicators, maintaining a logical tab order, and using tabindex responsibly—are essential steps toward a more accessible website. Regular testing, both manual and automated, helps ensure your site meets WCAG guidelines and delivers a smooth experience for all users.

    For expert guidance, consider working with accessibility professionals like 216digital. Specialists can help you implement strategies that go beyond basic compliance, ensuring long-term usability and inclusivity. When you prioritize keyboard accessibility, you create a more welcoming web for everyone—and that’s a goal worth striving for.

    Greg McNeil

    March 13, 2025
    How-to Guides
    Accessibility, keyboard accessibility, Keyboard Navigation, tabindex, Web Accessibility, web developers, web development
  • Will the EAA Really Affect U.S. Businesses?

    If you’re a U.S.-based e-commerce entrepreneur, website owner, or digital compliance professional, you’ve probably heard of the European Accessibility Act (EAA). This legislation aims to standardize accessibility requirements across the European Union (EU), impacting everything from e-commerce and banking to transportation. At first glance, it may seem like yet another global regulation lurking on the horizon. But here’s the good news: for most U.S. businesses, the EAA is far less of a legal threat than you might think.

    While there’s been chatter that EAA-related fines could reach American shores, practical realities—like jurisdiction limits and the complexities of cross-border enforcement—mean it’s unlikely to affect you unless you have a substantial European footprint. Still, that doesn’t mean you should shrug off accessibility. Stateside, legal obligations are mounting quickly, and both federal and state-level regulations on web accessibility are gaining traction. In fact, ADA lawsuits connected to digital accessibility are soaring, putting genuine pressure on U.S. businesses to ensure inclusivity.

    In this article, we’ll take a closer look at why the EAA probably won’t keep you up at night if you’re mostly serving U.S. customers. We’ll also explore why your real focus should stay on meeting domestic accessibility requirements—and how investing in accessibility can not only protect you from legal headaches but also help you reach new customers.

    The EAA and Its Scope

    At its core, the EAA is designed to make sure products and services in the EU are accessible to people with disabilities. Think of it as a catch-all that covers a wide range of areas, including:

    • Websites and Mobile Apps: E-commerce sites and other digital platforms should be compatible with assistive technologies like screen readers, offering clear, user-friendly layouts.
    • Financial Services: Online banking platforms must be workable for people with visual, mobility, or other impairments.
    • Transportation Services: Booking and ticketing systems should be built with inclusive design principles in mind.

    Although these rules zero in on European markets, any company that aggressively sells to EU residents might need to comply. The bottom line: if you’re physically located in the EU or do a significant amount of business there, you’re on the EAA’s radar. But if you’re a small U.S. boutique that only very occasionally ships overseas, the likelihood of direct EAA enforcement is pretty slim.

    Application to U.S. Businesses

    Let’s say you’re a U.S.-based e-commerce owner who sells mostly to Americans. The odds are that you won’t need to stress about the EAA in a strict sense. If 95% of your customers are stateside, EU regulators won’t have much reason to come knocking. On the other hand, if you’ve set up localized sites for different European countries, handle EU shipping logistics, or run targeted campaigns in Europe, then yes, the EAA becomes more relevant.

    In short, the EAA matters most to companies that are genuinely active in Europe. If that’s not you, you can breathe a little easier—but remember that web accessibility is still a big deal in the U.S.

    The Limited Reach of EAA Enforcement in the U.S.

    Cross-Border E-Commerce Engagement

    One of the main reasons the EAA might not impact smaller American businesses is the nature of cross-border e-commerce itself. While online selling is global in principle, a lot of U.S. companies still cater primarily to domestic buyers. In fact, about 25% of North American e-commerce is cross-border; that leaves 75% as local, and a stronger domestic focus typically means lower risk of EU regulatory scrutiny.

    If you’re not set up for international shipping or don’t localize your site for EU customers, you’re even less likely to get attention from European authorities. An occasional European sale here or there usually won’t land you under the EAA umbrella.

    Challenges in International Enforcement

    The EU can’t just wave a wand to enforce its laws on businesses located in other countries; it needs legal jurisdiction and international cooperation. Historically, European regulators tend to target bigger players—those with a notable EU presence and significant resources—rather than chasing smaller American businesses that ship an item or two overseas.

    Potential Business Responses

    Some companies respond to foreign regulations like the General Data Protection Regulation (GDPR) by blocking traffic from EU regions altogether. While that certainly sidesteps EAA compliance, it also shuts the door on potential European customers. Another approach is adopting accessibility best practices proactively. Even if you never hear from EU regulators, making your site inclusive can keep you safe from domestic lawsuits and win you new fans at home and abroad.

    Why EAA Compliance May Not Be a Top Priority for U.S. Regulators

    GDPR Enforcement as a Precedent

    When the GDPR went live in 2018, a lot of U.S. businesses scrambled to post cookie consent banners or even block European visitors. Over time, though, we saw that heavy fines usually targeted giants like Meta and Google—companies that clearly operate in the EU. Most smaller U.S. entities, especially those without a European presence, didn’t face the same scrutiny.

    The EAA will follow a similar pattern. Regulators will focus first on the big fish: major corporations that do a lot of business in Europe. If you’re not among them, your risk goes down considerably.

    Focus on EU-Based Entities

    Enforcement agencies work most effectively with entities physically or legally based in the EU. If you’re a mid-size American seller without any EU office or significant European operations, you’re unlikely to draw regulator attention. This doesn’t mean zero risk—it just means the probability is low compared to the very real possibility of an ADA lawsuit in the U.S.

    The Real Risk: U.S. Web Accessibility Laws & State-Level Legislation

    ADA and Web Accessibility Lawsuits

    While the EAA might sound intimidating, the Americans with Disabilities Act (ADA) is the real concern for many U.S. businesses. In 2023 alone, over 4,600 ADA-related web accessibility lawsuits were filed in the U.S., most notably in states such as New York, Florida, and California. 

    These lawsuits often ask questions like:

    • Is your website easily navigable with a screen reader?
    • Do you have captions for your videos?
    • Can users complete a purchase using only a keyboard?

    Lacking these features can land you in hot water, resulting in demand letters, lawsuits, and potentially hefty legal costs. Even if you avoid a lawsuit, states like California and New York are increasingly pushing for stricter rules around digital accessibility. If you have customers in these states, you can’t afford to ignore these developments.

    The Imperative of Web Accessibility

    Accessibility is more than a legal shield—it’s also good business. Almost one in four adults in the U.S. lives with some form of disability, which means making your website inclusive can significantly broaden your audience. On top of that, accessible sites often provide a smoother overall user experience and align well with search engine optimization (SEO) best practices.

    Focus on What Really Matters for U.S. Businesses

    The EAA is critical for businesses with a genuine stake in EU markets, but if your customer base is mostly American, the EAA probably won’t become your biggest legal headache anytime soon. EU regulators usually set their sights on larger players with a visible European footprint, so a small U.S. business with minimal European sales isn’t high on their list.

    Prioritizing Domestic Compliance

    Instead of stressing over the EAA, channel your energy into meeting domestic accessibility standards. ADA lawsuits and state-level rules in the U.S. are ramping up, and that’s where your real vulnerability lies. By aligning with ADA guidelines and the Web Content Accessibility Guidelines (WCAG), you minimize the risk of legal trouble here at home.

    Benefits of Accessibility

    Beyond reducing legal risks, accessibility has plenty of other perks:

    • Better User Experience: A clean, inclusive layout helps everyone.
    • Bigger Audience: You’ll welcome people with disabilities, which is a sizable market segment.
    • Stronger Brand Reputation: Consumers appreciate businesses that take inclusivity seriously.
    • SEO Boost: Search engines favor structured, easy-to-navigate websites.

    Protect Your Business Where It Counts Most

    It’s easy to feel overwhelmed by headlines about the EAA and worry that European regulators might suddenly target American businesses. However, realistically, their enforcement focus is primarily on companies with strong ties to the EU. If you’re mostly selling to an American audience, the European Accessibility Act shouldn’t keep you up at night.

    Instead, put your energy where it matters most—your website’s domestic accessibility. ADA compliance is not just about avoiding lawsuits; it’s an opportunity to connect with a broader audience and build a more inclusive, trustworthy brand.

    If you’re unsure where to start or want to ensure your business is fully protected and accessible, reach out to our team at 216digital. Our experts will help you identify your accessibility gaps, guide you through compliance, and ensure your site delivers an inclusive experience for everyone.

    Don’t wait until accessibility becomes an emergency—contact 216digital today and get ahead of the curve.

    Greg McNeil

    March 12, 2025
    Legal Compliance
    Accessibility, accessibility laws, EAA, European Accessibility Act, Legal compliance, Web Accessibility, Website Accessibility
  • Captions or Subtitles: What’s the Difference?

    You’ve probably used them without a second thought—watching a movie in another language, scrolling social media with the sound off, or trying to follow dialogue in a noisy room. But have you ever noticed that sometimes the text includes sound effects and speaker names, while other times it’s just the spoken words?

    It’s easy to assume captions and subtitles are the same, but they serve different purposes. If you’ve ever struggled to keep up with fast dialogue or wished for more context in a quiet scene, you’ve already experienced the difference—maybe without even realizing it.

    So, what really sets them apart, and why does it matter? Let’s break it down.

    What Are Captions?

    Captions do more than just show dialogue—they make videos accessible for people who are deaf or hard of hearing. They include spoken words and crucial audio cues such as background noises, tone changes, and speaker identifications.

    Additionally, captions help content creators comply with important accessibility guidelines like the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and Section 508.

    Types of Captions

    Closed Captions (CC) give viewers control to switch captions on or off and even adjust their appearance. Think YouTube, Netflix, or Zoom.

    Open Captions stay visible all the time. They’re perfect for social media videos, events, or public places where you can’t rely on viewers to activate captions themselves.

    What Are Subtitles?

    Subtitles primarily translate spoken words into another language for viewers who can hear but might not understand what’s being said. Unlike captions, subtitles typically skip audio cues and speaker names. They’re great for international movies or videos aimed at a global audience.

    Subtitles vs. Captions: Key Differences

    FeaturesCaptionsSubtitles
    PurposeAccessibility for Deaf/ Hard-of-hearingLanguage Translation
    Includes Sound Effects?YesNo
    Speaker Identification?YesNo
    Non-verbal Audio Cues?YesNo
    Assumes Viewer Can Hear?NoYes

    Why Are Captions Important for Web Accessibility?

    Captions create truly inclusive content accessible to everyone. Beyond meeting legal requirements, captions help businesses avoid compliance risks and potential lawsuits.

    But captions have benefits beyond compliance—they boost SEO by enabling search engines to index your video content effectively. They enhance viewer engagement, especially in quiet or noisy environments, and help non-native speakers follow along more easily, improving comprehension and retention.

    Open vs. Closed Captions: Which Should You Use?

    Choosing between open and closed captions depends on your content and audience.

    Open Captions are excellent for social media, live events, and public displays, where activating captions isn’t practical. They ensure every viewer can immediately access your message without additional steps.

    Closed Captions are ideal for platforms like YouTube or Netflix, where viewers prefer customizing their caption viewing experience. They’re also essential for educational videos, multilingual content, or professional presentations, where accuracy and personalization enhance viewer experience.

    How to Add Captions to Your Digital Content

    Adding captions can be straightforward, whether you choose manual or automated methods.

    Manual captioning involves creating captions yourself or with professional tools like Adobe Premiere Pro or YouTube Studio. This ensures accuracy and is highly recommended for educational and professional content.

    Automatic captioning services like YouTube auto-captions or platforms such as Rev.com provide quick results but may vary in accuracy. Always review and correct auto-generated captions to maintain quality and compliance.

    Understanding caption file formats is also beneficial. Popular formats include SRT (.srt), widely compatible across platforms like YouTube and Vimeo, and VTT (.vtt), ideal for web-based videos with additional formatting options.

    How to Add Captions

    • Create or auto-generate captions.
    • Review and edit carefully for accuracy.
    • Export the appropriate caption file.
    • Upload the caption file to your video platform

    Best Practices for Creating Accessible Captions

    • Prioritize Accuracy: Always proofread and edit captions.
    • Ensure Readability: Choose clear fonts and ensure strong contrast.
    • Be Concise and Clear: Keep captions brief but sufficient to communicate context.
    • Clearly Identify Speakers: Use identifiers like [John]: to clarify speakers.
    • Strategically Place Captions: Position captions without blocking essential visuals, typically at the bottom of the screen.

    Captions & Subtitles: Enhancing Your Content

    Captions and subtitles aren’t merely text overlays—they enhance viewer experiences, improve accessibility, and expand your content’s reach. By captioning thoughtfully, you’re making your videos richer and more inclusive.

    Looking to improve accessibility on your website? At 216digital, we’re ready to help. Reach out via our contact form below and schedule an ADA briefing. Let’s explore how we can elevate your digital presence and engagement together.

    Greg McNeil

    March 10, 2025
    WCAG Compliance
    Accessibility, captions, Closed caption, subtitles, videos and audio content, WCAG, WCAG Compliance, Web Accessibility
  • Title II Compliance Amid Political Uncertainty

    The political landscape around disability rights can shift quickly. Yet, for state and local governments, the legal requirements under the Americans with Disabilities Act (ADA) do not vanish. Title II of the ADA makes sure people with disabilities have equal access to government programs and services. Even when leaders talk about changing rules, the obligation to comply with Title II remains.

    A recent court case, Ellerbee v. State of Louisiana, shows how serious these rules are. This case has become a wake-up call for many. It sends a clear message: do not wait to make your digital services accessible, or you might face a lawsuit.

    ADA Title II Compliance: What Hasn’t Changed

    Under Title II, state and local governments must provide equal access to public services. This includes websites, online forms, and mobile apps. The ADA has always covered digital content, even though earlier laws did not spell it out as clearly as modern rules do. Some governments may be waiting for new regulations to make changes. But that is risky because Title II has long required equal access online.

    Recent regulations point to the Web Content Accessibility Guidelines (WCAG) as the standard. But just because these rules are more precise now does not mean the core obligation is new. Governments that do not meet these accessibility standards can still face legal action from private citizens or advocacy groups. Federal or local policy shifts do not take away the chance of a lawsuit.

    Ellerbee v. State of Louisiana: A Court-Ordered Reality Check

    In January 2025, a judge ruled that the State of Louisiana must make its websites accessible right away. The plaintiff, Beau Ellerbee, is blind. He sued Louisiana because he could not use its government websites. Louisiana claimed it did not have to follow accessibility standards yet because new federal deadlines were not in effect. However, the judge disagreed. The court said the ADA’s rules already exist and cannot be brushed aside.

    This ruling is important. It reminds all governments that waiting for future deadlines is dangerous. The court made it clear that Title II compliance is an immediate duty, not an optional one. If a website is not accessible, people can sue and win—right now. Governments should note this and avoid ignoring their responsibilities.

    Political Uncertainty and Compliance: What We Know and Don’t Know

    Many leaders wonder if changing political priorities will affect Title II compliance. Some worry that the rule could be canceled. While it is possible, changing a major rule is hard. It takes a long time to undo a regulation, so it will not happen overnight.

    Federal enforcement efforts can shift. Some administrations may push more or fewer investigations into accessibility. However, lawsuits from individuals and groups will not just stop. They can still file legal cases when they face barriers. Relying on reduced enforcement is risky. The question is: should you wait? The answer is no. Even if federal agencies slow down, private lawsuits will keep coming. Governments must stay prepared.

    Upcoming Deadlines for Digital Accessibility

    Here are the upcoming deadlines for digital accessibility:

    • Large municipalities (population more than 50,000) and public universities: April 2026
    • Smaller municipalities (population under 50,000) and special districts: April 2027

    Essential Steps for Title II Compliance

    But as we have learned, these deadlines do not mean you can wait until the last minute. Being proactive is essential. Governments should take the following steps now:

    1. Conduct Accessibility Audits: Check your websites, mobile apps, and PDFs to find barriers. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    2. Prioritize High-Impact Services: Focus first on key areas like emergency services, tax portals, and public benefits. These are used most often.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. 
    4. Monitor and Maintain Compliance: Accessibility is ongoing. After fixing issues, keep testing, new accessibility issues will arise over time.
    5. Document Efforts: Keep records of your audits, training sessions, and updates. This shows good faith in meeting Title II requirements.

    Legal Precedents Are Changing—Is Your Business Ready?

    Although the recent uproar in Louisiana focused on Title II, there is a growing concern that courts could apply the same level of scrutiny to Title III, which governs private businesses. When judges see states being held responsible for inaccessibility under Title II, it is not a stretch to imagine them enforcing strict guidelines for private companies under Title III of the ADA.

    Private online businesses that have not yet addressed accessibility may be at risk. Website accessibility lawsuits against private companies are on the rise. For instance, in 2017, federal lawsuits related to inaccessible websites and apps stood at around 814. By 2024, that number had soared to more than 4,000. If the tide can turn so quickly for state and local governments, private businesses should assume that Title III enforcement could intensify just as fast.

    The Path Forward Amid Uncertainty

    Political changes may create doubt, but the duty to follow Title II remains. The Ellerbee v. State of Louisiana ruling shows that waiting for future deadlines can lead to immediate lawsuits. If you manage a government website or any public-facing digital service, now is the best time to address accessibility needs.

    The same principle applies to private businesses. If you have questions about making your online presence meet ADA guidelines, consider scheduling an ADA briefing with 216digital. Our team of accessibility experts can develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on what matters — your business.

    Greg McNeil

    March 4, 2025
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, Title II, Web Accessibility
  • The Dos and Don’ts of Crafting a Web Accessibility Policy

    When you run a website or create online content, it’s easy to get excited about beautiful visuals and the latest technology. But here’s the thing many people overlook: web accessibility. Making your website easy for everyone to use—no matter their abilities—isn’t just kind, it’s smart business.

    A thoughtful web accessibility policy explains exactly how your website will be welcoming and easy to use for everyone, especially people with disabilities. It shows you care about being fair and inclusive, building trust with your visitors.

    In this guide, we’ll walk you through creating a strong, practical web accessibility policy, show you how to put it into action, and help you build an organizational culture that cares deeply about accessibility every day.

    What is a Web Accessibility Policy?

    Accessibility Statement: Your Promise to Visitors

    Have you ever noticed a link that says “Accessibility” at the bottom of a website? That’s usually an accessibility statement. Think of it as your friendly promise to visitors that your website is designed to be easy for everyone to use.

    A good accessibility statement:

    • Clearly shows you care about accessibility.
    • Shares exactly how accessible your website currently is (like meeting WCAG 2.1 AA standards).
    • Gives easy ways for visitors to ask for help or report problems.

    This statement helps visitors feel welcome and shows you’re serious about meeting their needs.

    Accessibility Policy vs. Accessibility Statement: What’s the Real Difference?

    Here’s a quick way to remember the difference:

    • Accessibility Statement: Short, public, and visitor-focused. It’s your friendly promise to website users.
    • Accessibility Policy: Detailed, internal, and team-focused. It guides your team on exactly how to keep your site accessible, including who does what and when.

    Both are important. The statement lets visitors know you care, and the policy helps your team keep that promise.

    Creating a Strong Accessibility Policy

    Pick Clear Standards

    Avoid vague promises like “fully accessible.” Instead, choose clear guidelines, such as WCAG 2.1 Level AA. These give your team specific targets to reach. If your site lets users add their own content, include guidelines like ATAG (Authoring Tool Accessibility Guidelines).

    Clear standards help your team know exactly what’s expected.

    Clearly Assign Responsibilities

    Make it easy for everyone to know who does what:

    • Choose an accessibility lead or form a team from different areas like design, content, and web development.
    • Schedule regular checks (monthly or quarterly) to catch problems early.
    • Set up simple ways for users to report issues and quickly decide who will respond to these reports.

    Involve Everyone in Your Organization

    Accessibility isn’t just for tech teams—it’s for everyone. Teams like marketing, communications, and HR also need to understand basic accessibility. Include accessibility checkpoints in everyday work, like project plans, content creation, and contracts.

    Keep an Eye on Third-Party Tools and Vendors

    Sometimes outside software or tools can accidentally create accessibility barriers. Avoid this by:

    • Checking accessibility before buying new software or services.
    • Asking vendors for proof of their products’ accessibility (like a VPAT).
    • Clearly stating accessibility requirements in your contracts.

    Putting Your Web Accessibility Policy Into Action

    Set Clear Goals and Deadlines

    Set achievable goals with clear deadlines. For example, you might aim to reach basic accessibility standards in six months and higher standards within a year. Clearly write down each task and assign it to specific people.

    Keep Your Policy Up-to-Date

    Accessibility standards change over time. Regularly review your policy every 6 to 12 months. Stay informed about new guidelines by joining webinars, reading blogs, or participating in workshops.

    Building an Accessibility-Friendly Culture

    Your ultimate goal is to make accessibility feel natural and positive in your organization. Encourage your team to see accessibility as part of good design—not as something extra or limiting.

    Celebrate successes, reward good work, and encourage ongoing learning about accessibility.

    Conclusion

    Creating a web accessibility policy isn’t a one-time task—it’s an ongoing commitment to fairness and inclusion. By clearly setting goals, involving your entire organization, and keeping an eye on outside tools, you make your site truly welcoming for everyone.

    Need help getting started or improving your policy? 216digital can support you. We provide accessibility audits, policy creation help, and ongoing support to make sure your website stays welcoming for all visitors. Reach out to 216digital today—let’s make your website inclusive, accessible, and successful together!

    Greg McNeil

    February 28, 2025
    Web Accessibility Training
    Accessibility, accessibility policy, accessibility statement, Web Accessibility, Website Accessibility
  • EDF and IAAP Call Out Accessibility Overlays

    You’ve probably seen accessibility overlays advertised as a quick and easy way to make websites compliant with accessibility laws. Companies promoting these tools claim they can fix accessibility issues with just a few lines of code, no major effort required. Sounds great, right?

    Not so fast.

    Leading accessibility organizations, including the European Disability Forum (EDF) and the International Association of Accessibility Professionals (IAAP), strongly disagree. In fact, they’ve openly criticized these tools, pointing out that overlays not only fail to meet accessibility standards but can actually make websites harder to use for people with disabilities.

    If you’re a website owner, this is something you need to know—because relying on an overlay could be doing more harm than good. Let’s break down why EDF and IAAP are speaking out, the biggest issues with overlays, and what you should be doing instead.

    What Are Accessibility Overlays?

    Accessibility overlays are automated software tools designed to modify a website’s appearance and functionality in an attempt to improve accessibility. They might add features like screen reader support, color contrast adjustments, or keyboard navigation enhancements—all without requiring direct changes to the website’s underlying code.

    Sounds convenient, but here’s the catch: overlays don’t actually fix accessibility issues. They just try to patch over them.

    Many companies claim their overlays help websites comply with Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and the European Accessibility Act (EAA). But accessibility experts, as well as actual users with disabilities, say otherwise.

    Why Are EDF and IAAP Against Accessibility Overlays?

    EDF and IAAP have outlined several major concerns about accessibility overlays. Their stance isn’t just theoretical—it’s backed by research, real-world testing, and feedback from people who rely on assistive technologies. Here’s what they found:

    1. Overlays Don’t Actually Fix Accessibility Issues

    Accessibility isn’t just about how a site looks—it’s about how it functions. Many accessibility issues, such as missing form labels, poorly structured headings, and inaccessible interactive elements, cannot be fixed by an overlay. These require changes to the website’s actual code.

    An overlay might tweak things on the surface, but under the hood, the same barriers remain.

    2. Accessibility Overlays Can Interfere with Assistive Technologies

    People who rely on screen readers, voice control software, or switch devices often report that overlays make their experience worse. Instead of improving accessibility, overlays can clash with assistive technologies, leading to confusing and frustrating experiences.

    Imagine trying to navigate a site with a screen reader, only to have an overlay forcing adjustments you didn’t ask for or use their screen reader instead. That’s the reality for many users.

    3. Overlays Create a False Sense of Compliance

    One of the most dangerous aspects of overlays is the illusion of accessibility they create. A business might think they’ve “checked the box” just by installing an overlay, but in reality, they could still be violating accessibility laws.

    This false security can leave companies vulnerable to legal action—and even worse, it fails to make websites truly accessible.

    4. Businesses Using Overlays Still Get Sued

    Think an overlay will protect you from lawsuits? Think again.

    In 2024, over 1,000 businesses that utilized overlays faced accessibility lawsuits according to Useablnet’s 2024 End of the Year Report. Courts have consistently ruled that overlays don’t meet legal requirements under the ADA and other accessibility laws. In some cases, overlays have even been used as evidence that a company ignored real accessibility fixes.

    5. Users with Disabilities Strongly Oppose Accessibility Overlays

    The people who actually rely on accessible websites have spoken: they don’t like overlays.

    Advocates and individuals with disabilities have repeatedly criticized overlays for making web browsing harder, not easier. Instead of solving accessibility challenges, overlays often introduce new problems, disrupting the way users navigate and interact with content.

    A New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights just how frustrating overlays can be. As Mr. Perdue, a blind user, put it: “I’ve not yet found a single one that makes my life better. I spend more time working around these overlays than I actually do navigating the website.”

    When the very tools meant to help people with disabilities end up making their experience worse, it’s clear that overlays are not the solution.

    6. Overlays Can Introduce New Barriers

    Rather than eliminating accessibility issues, overlays often create more obstacles.

    Some force unwanted settings on users, preventing them from using their own assistive technology configurations. Others introduce navigation loops, trapping users on certain pages or making it impossible to interact with important website elements.

    If an accessibility “fix” creates more accessibility problems, is it really a fix at all?

    What Should Website Owners Do Instead?

    If accessibility overlays aren’t the answer, what is? The good news is that true accessibility is achievable—and it starts with the right approach.

    1. Conduct a Proper Accessibility Audit

    Before making changes, you need to know what’s broken.

    An accessibility audit helps identify barriers on your site by testing against WCAG standards. The best audits combine automated scans with manual testing, including feedback from users with disabilities.

    2. Fix Accessibility Issues at the Code Level

    The only way to ensure true accessibility is to build it into the foundation of your website. This means:

    • Using semantic HTML for a clear page structure
    • Ensuring all interactive elements are keyboard-accessible
    • Providing text alternatives for images, videos, and other non-text content
    • Implementing ARIA attributes where needed for better screen reader support

    3. Involve Users with Disabilities in Testing

    Want to make sure your site is actually accessible? Ask the people who need it most.

    Incorporating real-world feedback from users with disabilities during usability testing helps uncover issues that automated tools might miss.

    4. Train Your Team on Accessibility Best Practices

    Accessibility isn’t just a one-time fix—it’s an ongoing commitment.

    Educating your developers, designers, and content creators about accessibility best practices ensures that your website remains accessible long-term.

    5. Monitor and Maintain Accessibility Over Time

    Websites change all the time—so does accessibility.

    Regular testing, monitoring, and updates are key to keeping your site accessible. Tools like a11y.Radar can help businesses track and maintain compliance as their website evolves.

    Conclusion

    EDF and IAAP have made one thing clear: accessibility overlays are not the answer.

    They don’t fix real accessibility issues, they interfere with assistive technologies, and they create a false sense of security that leaves businesses exposed to legal risk. Worse, they fail the very people they’re supposed to help.

    So, what’s the better approach? Real, lasting accessibility.

    That means conducting audits, making code-level fixes, listening to users with disabilities, and maintaining accessibility over time. Not only is this the right thing to do, but it’s also the best way to protect your business from legal trouble and create an inclusive digital experience.

    You don’t have to do it alone. 216digital can help you navigate accessibility the right way—with real solutions that work. Schedule an ADA Briefing today and take the first step toward a truly accessible website.

    Greg McNeil

    February 26, 2025
    Legal Compliance
    Accessibility, accessibility overlays, Legal compliance, Overlay widgets, Overlays, Web Accessibility
  • WCAG Basics: “Change of Context” or “Change of Content”

    Have you ever clicked on a text field and suddenly found yourself whisked away to a new page without warning? Or maybe you saw a form error message pop up out of nowhere, but your cursor stayed right where it was? These two situations hint at the difference between a “change of context” and a “change of content.”

    If you’re trying to make your website accessible, it’s important to know which is which because the Web Content Accessibility Guidelines (WCAG) treat them very differently. In this post, we’ll explore both terms, share some real-life examples, and give you tips on how to keep your site friendly and easy to use. By the end, you’ll have a stronger grasp of WCAG best practices and the confidence to apply them to your site.

    Why These Terms Matter

    People who rely on screen readers or keyboard navigation often can’t see or skim an entire page at once. Sudden or unexpected changes—like being redirected to a new tab—can be disorienting for them. That’s why WCAG sets clear rules to help you avoid making people feel lost.

    However, understanding “change of context” and “change of content” also helps with other accessibility concepts. For example, clarifying how your content updates ties right in with “Alternative for Time-based Media” or “Media Alternative for Text“—two other areas covered under WCAG. The more you know about these related topics, the better your site will serve all kinds of users.

    “Change of Context” in Plain Terms

    A “change of context” is a big shift in what a user sees or how they interact with the page. Under WCAG, it can include:

    • Opening a new window or tab without telling the user.
    • Moving the focus to another section of the page unexpectedly.
    • Redesigning the layout in a way that confuses users.

    For example, imagine you click into a text field, and suddenly, your screen shifts to another form altogether. That’s a huge jump! WCAG 3.2.1 (On Focus) says you shouldn’t trigger this kind of shift just because the user’s focus landed on an element. If the user ends up somewhere new, or a new window appears without their Input, you’re dealing with a “change of context.”

    “Change of Content” in Action

    Now, let’s say you click a menu button, and the menu expands without moving your cursor or launching a new page. That’s a “change of content.” You’re still in the same place—you can just see more information. This kind of change is usually okay as long as it doesn’t confuse or mislead.

    WCAG makes the point that not every content update equals a context change. You can display a tooltip, expand a dropdown, or show an inline error message without violating rules. As an example, if you’re filtering products on an eCommerce site and the list of items refreshes while your focus stays put, you’re likely good to go. The user expects new content to appear, so it’s not disorienting.

    When It Becomes an Accessibility Issue

    Mixing up these concepts can cause problems for people who rely on assistive technologies. For instance, if your site changes context every time someone selects a checkbox, they might lose track of where they were. WCAG 3.2.2 (On Input) warns against automatically triggering a big context shift unless you clearly warn the user or let them choose when it happens.

    At higher levels of WCAG (like AAA), 3.2.5 (Change on Request) says that major shifts should happen only when the user deliberately starts them—or they should be easy to dismiss. That means you can’t force a pop-up window to stay on screen with no way to close it. People need control over how they explore your site.

    Status Messages and Alerts

    Some sites show status messages—like “Item added to your cart”—that don’t move focus but do tell assistive tech users what’s happening. That’s allowed under WCAG 4.1.3 (Status Messages) because the screen reader can announce the alert without taking the user away from what they were doing.

    Things get trickier when an alert moves focus to itself. Sometimes, that’s necessary (say, with a big error), and if the user’s action triggers it, it can still meet WCAG standards. But if your site automatically shifts focus to a timeout warning with no user action, that can become a disorienting change of context—especially at the AAA level of WCAG compliance.

    Tips for Making It Work

    Keep People Where They Are

    Unless there’s a solid reason for moving focus or opening a new page, don’t do it. A small update to the same page is usually a “change of content,” which is less disruptive.

    Give Users a Heads-Up

    If you need to make a “change of context,” warn the user first. For example, say, “Selecting this option opens a new window.” This aligns with WCAG recommendations, especially 3.2.2.

    Test with Assistive Tech

    The best way to find out if your site is user-friendly is to try it with screen readers, keyboard-only navigation, or other assistive tools. You’ll quickly spot if something is shifting unexpectedly.

    Use ARIA Properly

    If you have alerts or status messages, use ARIA roles like role= “alert” or aria-live so screen readers can announce them without moving focus. This follows WCAG 4.1.3 guidelines for status updates.

    Think About Your Audience

    Some changes of context, like a security timeout, might be needed. Just remember to give the user control whenever possible.

    Wrapping It Up

    Understanding when something is a “change of context” rather than just a “change of content” is a big part of complying with WCAG. When you keep these definitions clear, you’ll avoid creating barriers that leave users confused and frustrated. It also ties back to important concepts like “Alternative for Time-based Media” and “Media Alternative for Text,” which help make websites more inclusive overall.

    Remember, WCAG doesn’t just set rules—it helps us create better experiences for everyone. If you need extra guidance, 216digital is here to help. We can perform an Accessibility Audit to see where your site stands, offer advice on meeting WCAG success criteria like 3.2.1, 3.2.2, 3.2.5, and 4.1.3, and suggest ways to make your site easier for all. 

    Ready to get started? Schedule a consultation with 216digital today and make sure you’re on the path to a more inclusive, user-friendly website!

    Greg McNeil

    February 20, 2025
    WCAG Compliance
    Accessibility, WCAG, WCAG Compliance, WCAG conformance, Web Accessibility, Website Accessibility
  • ADA Lawyer vs. Business Attorney: What’s the Difference?

    Have you ever tried to use a website that felt impossible to read or navigate? People with disabilities often face these problems every day. That’s why ADA compliance is so important for businesses that run websites or mobile apps. More and more people are taking legal action when sites are not accessible. As these lawsuits rise, it’s vital to understand your legal duty to make your website accessible.

    In many of these cases, an ADA lawyer steps in to help. An ADA lawyer is a legal professional who knows all about ADA compliance and how to fix accessibility issues in digital spaces. You may not always need to hire a lawyer, but there are certain times when having one is crucial. This article will explain when you might need an ADA lawyer, along with simple steps to help your site stay accessible and avoid legal trouble.

    The Americans with Disabilities Act: An Overview

    The Americans with Disabilities Act (ADA) became law in 1990. Its main goal is to remove barriers that prevent people with disabilities from fully taking part in everyday life.

    Title III is most important for websites because the Department of Justice (DOJ) says that websites and mobile apps count as “public accommodations.” This means your business must keep its website accessible to avoid breaking the law. Following ADA compliance here is not just a nice thing to do—it’s legally required.

    The Risks of Non-Compliance

    Not meeting ADA compliance can have serious legal and financial effects on your business. Lawsuits related to digital accessibility have been on the rise, hitting industries like retail, hospitality, healthcare, and finance particularly hard. High-profile cases against Domino’s Pizza and Winn-Dixie have shown just how important it is to make websites accessible.

    If your website is found non-compliant, you could face some serious consequences such as:

    Costly Settlements & Legal Fees

    Fighting an ADA lawsuit can cost tens of thousands of dollars, including lawyer fees and settlement payouts.

    Civil Penalties

    The DOJ can impose civil penalties, with a first violation costing up to $75,000 and a second offense up to $150,000.

    Harm to Brand Reputation

    When a business is sued for not following ADA compliance, it can hurt the company’s public image, leading to lost customers and lower trust.

    Mandatory Remediation

    Businesses found in violation may even be forced to complete mandatory remediation under court supervision, which usually costs far more than if they had taken a proactive approach in the first place.

    When Do You Need an ADA Lawyer?

    While proactive accessibility efforts are ideal, there are key scenarios where consulting a lawyer is necessary:

    Receiving a Demand Letter or Lawsuit

    If your company gets a demand letter or is sued, call an ADA lawyer right away. They can look at the claims, figure out if they’re valid, and help you respond in the best way. This helps lower your chances of major financial losses.

    Navigating ADA Compliance Standards

    Sometimes, you need help understanding what laws apply to your business. An ADA lawyer can explain the rules for ADA compliance and help you set up a plan to meet them. They’ll also show you how to keep your policies in line with these rules over time.

    Reviewing Accessibility Policies and Practices

    If you want to be proactive, an ADA lawyer can review your current policies and make sure they fit with the ADA. They’ll also help you come up with new policies and train your team to follow them.

    What Is an ADA Lawyer?

    An ADA lawyer is someone who knows the ins and outs of the ADA, focusing on website accessibility and preventing digital discrimination. They can represent businesses of all sizes, from small startups to large corporations. Their main job is to make sure ADA compliance is met under Titles II and III of the ADA. They also help defend companies in lawsuits or demand-letter situations, guiding them through complex legal rules and standards.

    How is an ADA Lawyer Different from Your Current Attorney?

    Your business attorney might be great at handling contracts and company policies, but ADA compliance is a different challenge. Accessibility laws are complex, and digital accessibility cases are increasing. A general business attorney may not have the in-depth knowledge needed to navigate ADA lawsuits, negotiate with the Department of Justice, or ensure your website meets Web Content Accessibility Guidelines (WCAG). Without the right legal expertise, your business could be at risk.

    ADA lawyers specialize in these cases. They understand the law, know what regulators look for, and can create a strong defense if a lawsuit happens. More importantly, they help businesses proactively fix accessibility issues, reducing legal exposure and ensuring compliance. With the right legal strategy, you can protect your business while building a more inclusive digital experience for all users.

    What to Look for When Hiring an ADA Lawyer

    Proven Experience in ADA and Digital Accessibility Cases

    Not all lawyers are well-versed in digital accessibility. Look for an attorney with a strong background in ADA litigation and experience advising businesses on accessibility compliance. Ask about past cases and successful resolutions.

    Deep Knowledge of WCAG and Accessibility Standards

    ADA compliance for websites and digital platforms is tied to WCAG standards. Your attorney should understand these guidelines and how they apply to your business—ensuring you meet legal requirements and avoid accessibility gaps.

    Strong Reputation and Reliable Referrals

    Word of mouth matters. Seek recommendations from other businesses, industry professionals, or accessibility experts. Research case outcomes and client testimonials to find a lawyer with a strong track record.

    A Proactive, Compliance-First Approach

    Some attorneys only step in when a lawsuit is filed. The best ADA lawyers help businesses stay ahead of legal risks by identifying accessibility issues early and working with developers and accessibility consultants to resolve them.

    Clear, Upfront Pricing

    ADA compliance shouldn’t come with hidden fees or surprise legal costs. Choose a lawyer who is transparent about their pricing structure and offers a cost-effective balance between compliance guidance and legal defense.

    Proactive Steps to Avoid Legal Issues

    Rather than waiting for a legal dispute, businesses should take proactive steps to improve accessibility and reduce legal risks:

    1. Understand Web Accessibility Guidelines: WCAG sets standards that make web content more accessible. Familiarize yourself with these guidelines to determine what you need to do. 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 informed about any changes and make updates to your website as necessary to remain compliant.
    5. Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.

    Conclusion

    Staying on top of ADA compliance isn’t just about avoiding lawsuits. It’s about making sure everyone can enjoy your digital spaces. While it may seem overwhelming at first, you don’t have to face it alone.

    216digital specializes in web accessibility solutions that meet legal standards while giving all visitors a better user experience. Don’t wait until you get a demand letter—take charge of your website’s accessibility right now.

    Start Your Journey Toward Accessibility Today

    Use the contact form below to schedule a briefing with 216digital. Our team will help you spot risks, make improvements, and ensure ADA compliance in the long run. By acting now, you can stay safe from legal trouble and welcome all users with an inclusive digital experience.

    Greg McNeil

    February 18, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuit, ADA Lawyer, Web Accessibility
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