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  • How to Make Websites Accessible for Cognitive Disabilities

    When was the last time you visited a website and ended up completely confused? Maybe it had flashing ads, a messy layout, or awkwardly placed menus. Now, imagine dealing with this sort of frustration on almost every site you visit—because your brain processes information a bit differently. Unfortunately, that’s the daily experience for many individuals. With 13.9 percent of U.S. adults having some sort of cognitive disability, this leaves millions of Americans unable to navigate the web.

    In this article, we’ll explore how cognitive disabilities affect web usage, the challenges they pose, and how you can adjust your design to be more welcoming. The good news is that creating a more inclusive website doesn’t have to be complicated. Small tweaks, like adding clear labels or allowing extra time to complete tasks, can have a massive impact. Let’s dive in!

    Understanding Cognitive Disabilities

    Cognitive disabilities influence how someone interprets and processes information. They can affect attention span, memory, comprehension, problem-solving skills, or social interactions. The impact varies from person to person, but there are shared themes. Some individuals may need larger text and simpler language, while others might require more time or predictable page layouts. Although these needs may differ, the core principle remains the same: clarity is key.

    Generally, cognitive disabilities can be divided into two main groups:

    • Functional Cognitive Disabilities: These conditions might be less severe but can still disrupt daily routines. Examples include learning disabilities, ADD/ADHD, dyslexia, or dyscalculia.
    • Clinical Cognitive Disabilities: These tend to be more profound or long-term, such as autism spectrum disorder, traumatic brain injury, Down syndrome, dementia, and Alzheimer’s disease. In all cases, designing websites with an emphasis on simplicity, structure, and user-friendly navigation goes a long way.

    Common Types of Cognitive Disabilities and Their Effects

    Each type of cognitive disability can pose different obstacles online. Here are a few examples:

    • Dyslexia: Reading difficulties, especially with dense paragraphs.
    • ADHD: Hard time focusing on cluttered or rapidly changing pages.
    • Dyscalculia: Challenges with numeric or math-heavy tasks, such as checkout forms.
    • Auditory Processing Disorder: Struggles with audio content lacking captions.
    • Visual Processing Disorder: Difficulty interpreting complex visuals or layouts.
    • Memory Impairments: Problems recalling steps in sequences, like multi-page forms.
    • Autism Spectrum Disorder: Sensory overload triggered by certain fonts, colors, or animations.

    How These Disabilities Affect Web Usage

    It’s important to remember that cognitive disabilities manifest uniquely in each person. Designing with clarity and adaptability ensures a broader audience can engage more comfortably. Ordinary tasks such as ordering groceries or completing a job application become far more accessible when pages are uncluttered and navigation is logical. To achieve this, adopting user-centered methods and testing your designs can reveal hidden issues.

    Key Challenges for Cognitive Accessibility

    Overwhelming Cognitive Load

    We’ve all seen websites that feel like a newspaper glued onto your screen—crammed text, ads, sidebars, and banners everywhere you look. Users with cognitive disabilities often struggle to pick out the key information on such pages. Even something as simple as bulleted lists or subheadings can help prevent that sense of overload.

    Navigation Barriers

    If you’ve ever clicked a menu and had zero idea where to go next, you know how frustrating poor navigation can be. Sites with unclear or hidden menus, inconsistent layouts, and random page names create extra hurdles for people with cognitive disabilities. Offering a straightforward menu, a search bar, and a site map will help all users feel in control.

    Complex Forms and Inputs

    Nobody likes forms that ask too many questions—but for people with cognitive disabilities, it’s even tougher. Vague field labels, surprise questions, and steps that rely on memory can cause confusion and mistakes. Straightforward instructions and friendly error messages can turn a chore into a breeze.

    Inconsistent or Distracting Design Elements

    Blinking ads, auto-refreshing slideshows, and colors that clash might grab attention, but they can also distract or confuse someone who’s trying hard to focus. Inconsistent layouts—like having the search bar in a different place on each page—can also leave users guessing. Keeping things steady and predictable is a win for all.

    Time-Sensitive Tasks

    You’re halfway through a form, trying to enter your address, and suddenly, you get logged out. Then you lose everything you typed. That’s annoying for anyone, but imagine if it happens often because you need more time to read or type. Flexible time limits and a warning before logging out can ease this pressure and show respect for different reading or typing speeds.

    WCAG Guidelines for Cognitive Accessibility

    The Web Content Accessibility Guidelines (WCAG) were created to help make the internet more usable for everyone—including people with disabilities. Developed by the W3C, these guidelines lay out best practices for building websites that are easier to navigate, read, and interact with. While WCAG covers a wide range of needs, it’s especially helpful when it comes to supporting people with cognitive disabilities.

    For individuals who struggle with memory, attention, problem-solving, or language processing, small design choices can make a big difference. WCAG 2.2 includes updates that directly address those needs—like giving users more time to finish tasks, making instructions clearer, and cutting down on distractions that might make it hard to focus.

    Think of WCAG as a toolkit that helps you build a site that’s more inclusive and user-friendly.

    Tried-and-True Practices for Cognitive Accessibility

    Clear, Concise Content

    • Straightforward Language: Write like you’re speaking to a friend while still being professional—jargon should be explained if it’s absolutely necessary.
    • Short Paragraphs and Lists: Make it easy to skim by breaking text into sections. Bullet points and short paragraphs help focus attention.
    • Thoughtful Headings: Headings provide a quick roadmap of the page. They’re also handy for anyone using a screen reader to jump between sections.
    • Text Alternatives: Use alt text for images and captions for video so people who struggle with visual or auditory processing can still follow along.

    Straightforward Navigation

    • Consistency: Keep your menus, logos, and search bar in the same spots on every page. This predictability helps people know exactly where to look.
    • Descriptive Labels: Instead of a generic “Learn More,” say something like “View Our Product Line.” Users shouldn’t have to guess where a link will take them.
    • Avoid Sudden Refreshes: If the page absolutely must reload or update automatically, let the user know beforehand—or give them control.

    Forms That Don’t Confuse

    • Explain Each Step: If the form is long or complex, provide a brief overview of why you need this info and how to fill it out.
    • Group Fields Logically: Put personal info in one section, payment details in another, and label each field clearly.
    • Useful Error Messages: “Invalid entry” doesn’t really help. “Please enter a valid email address” is much clearer.
    • Password Manager Support: Some people can’t remember lots of usernames and passwords—avoid any code that interferes with auto-filled credentials.

    Reducing Distractions

    • Clean Layouts: Keep a consistent, minimal approach to layout, with important info easy to find.
    • Minimal Animations: Flashing images or pop-up ads can be overwhelming, especially for people with ADHD or autism. If animation is crucial, give users a way to pause or hide it.
    • Customization Options: If possible, let visitors adjust text size, contrast, or spacing so they can create a more comfortable reading environment.

    Tackling Time Constraints

    • Extend Session Times: If your site automatically logs people out, give them a warning and a way to keep going.
    • Auto-Save: Nothing is more discouraging than losing everything after spending 15 minutes filling out a form. An auto-save feature can be a lifesaver.
    • Flexible Deadlines: If a task or process has a time requirement, consider allowing extra time or offering a simple way to request it.

    Helping with Memory and Task Completion

    • Familiar Icons: A magnifying glass for search is universally recognized—using something obscure forces a visitor to learn new symbols.
    • Progress Bars: For multi-step tasks, let users see how far they’ve come and how much is left. This can ease anxiety and keep them moving forward.
    • Save Preferences: Whether it’s language settings or preferred font sizes, remember these choices so returning visitors don’t have to redo them.

    Testing and Ongoing Refinements

    • Automatic Tools: Programs like Google Lighthouse or WAVE can highlight accessibility problems, but they’re no substitute for real testing.
    • Manual Checks: Try your site with screen readers or text-to-speech software. It might reveal a few blind spots.
    • Ask Real Users: Feedback from people who live with cognitive disabilities is invaluable. They’ll notice details or problems that might slip by everyone else.
    • Regular Updates: Technology and standards keep evolving. Plan a routine review of your site’s accessibility features, so you stay ahead of any issues.

    Making Web Accessibility a Priority

    Making a website more accessible for people with cognitive disabilities doesn’t require a complete overhaul—it starts with awareness and intentional design. When you prioritize clarity, predictability, and flexibility, you’re not just meeting the needs of some users; you’re improving usability for everyone who visits your site. Every adjustment, from a well-placed heading to a thoughtful timeout warning, can make a meaningful difference.

    If you’re unsure where to start or how to move forward, 216digital is here to help. We work with businesses of all sizes to identify gaps, implement best practices, and build experiences that are truly usable—by everyone. Accessibility isn’t a one-time fix, it’s an ongoing commitment—and we’re ready to walk that path with you.

    Greg McNeil

    March 20, 2025
    WCAG Compliance
    Accessibility, cognitive disabilities, WCAG, WCAG Compliance, WCAG conformance, Website Accessibility

  • 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

  • How to Make Mega Menus More Accessible

    A mega menu is typically a large, two-dimensional panel that appears when a user interacts with a top-level navigation item. It’s often used by eCommerce stores or websites with many different product categories or content sections. Because it can display a wide variety of links in a single view, a mega menu helps visitors explore your site quickly—no endless drilling down into submenus.

    But here’s the catch: while mega menus make navigation simpler for many users, they can also create barriers for some. For example, hover-triggered mega menus might be useless for someone relying on a keyboard. Or, if the menu isn’t properly labeled, a screen reader user might get stuck in a confusing loop of unlabeled links.

    These barriers matter because web accessibility is not just about following rules—it’s about ensuring everyone can use your site. If you leave people out, you risk alienating customers who want to purchase your products or read your content. So, let’s dive into some common accessibility issues and how to fix them.

    Overcoming Common Accessibility Challenges

    Improving Hover Functionality

    Most mega menus open when you hover your mouse over the navigation item. However, hover-based menus can cause big problems for keyboard users (or anyone who can’t use a mouse).

    • Inaccessible for Keyboard Users: People who navigate with the keyboard use the Tab key to move from link to link. If a menu only opens on hover, these users can’t open the submenu.
    • Overly Sensitive Interactions: Sometimes, mega menus can pop open or shut at the slightest movement of your mouse. This makes them frustrating to use for everyone.
    • The “Diagonal Problem”: If you move the mouse at an angle, you can sometimes trigger submenus you didn’t intend to open.

    Best Practice: Use a click to open the submenus instead of relying on hover. This way, both mouse and keyboard users have a more predictable experience. A click is a clearer signal of intention, reducing accidental openings or closings.

    Making Menus Easy to Close

    A menu that’s hard to dismiss can trap users, especially if it covers a large portion of the screen. On the other hand, a menu that closes too quickly can frustrate users who accidentally hover away for a split second.

    Solutions:

    1. Escape Key Support: Let users close the menu by pressing the Escape key. This is a standard expectation in many UI patterns and helps keyboard users exit quickly.
    2. Delayed Closing: If you decide to keep some hover functionality, add a slight delay before the submenu disappears. This grace period prevents the menu from closing by mistake if a user’s pointer drifts outside the panel for a moment.

    Enhancing Keyboard Accessibility

    Logical Keyboard Navigation

    Keyboard navigation is a critical part of web accessibility. You want the user’s Tab key presses to move in a clear, intuitive order:

    1. First Tab: Highlight the first top-level navigation item.
    2. Enter Key: If the focused top-level item has a submenu, pressing Enter opens that submenu. Pressing Enter again on any submenu item activates the link.
    3. Tab Within a Submenu: Moves focus to the next item in the submenu.
    4. Escape Key: Closes the submenu and returns focus to the parent menu item.
    5. Shift + Tab: Moves backward through the items, letting users navigate in reverse.

    This logical flow ensures that people who rely on the keyboard won’t get lost or stuck.

    Providing Clear Focus Indicators

    When users press Tab, they should be able to see exactly which menu item is highlighted. This means using visible focus indicators:

    • A change in background color, an underline, or a bold outline helps users quickly spot the focused item.
    • Make sure the color contrast meets accessibility guidelines. Avoid using color alone—some users might not see color differences clearly. An underline or border is a more reliable visual cue.

    Optimizing Screen Reader Support with ARIA

    Choosing the Right ARIA Roles

    Using role= "menu" for all navigation is a common mistake introduced in development. This role should only be used if your navigation behaves like a desktop application menu. For most website mega menus, it’s better to use simpler roles.

    Recommended roles and attributes:

    • role= "navigation": Declares that this section is a navigation landmark, which helps screen reader users quickly find or skip it.
    • role= "menuitem": If you have interactive items that function like menu items (though for basic links, standard <a> elements might be enough).
    • aria-haspopup= "true": Indicates that a button or link has a submenu.
    • aria-expanded= "false": Tells screen readers if a section is closed. Switch it to true when the submenu opens.

    Labeling and Describing Elements Properly

    Screen readers need helpful labels to convey what the link or button does. If your button opens a “Products” submenu, label it clearly:

    • Use aria-label= "Products Menu" or aria-labelledby=" [ID_of_label]" to associate a descriptive label with the menu.
    • Provide descriptive link text. Instead of “Click here,” use something like “View our latest products.” This helps all users know exactly where the link leads.

    Implementing Accessible Mega Menus with HTML, CSS, and JavaScript

    Using Semantic HTML for Proper Structure

    Below is a simple example showing how to structure an accessible mega menu:

    <nav aria-label= "Main Menu">
  <ul>
    <li><a href="#">Home</a></li>
    <li>
      <button aria-expanded="false" aria-haspopup="true">Products</button>
      <ul>
        <li><a href="#">Product 1</a></li>
        <li><a href="#">Product 2</a></li>
      </ul>
    </li>
  </ul>
</nav>

    Here’s why this works:

    • <nav aria-label= "Main Menu">: The <nav> element is a semantic way to mark the navigation area. The aria-label helps screen readers identify it.
    • <button> vs. <a>: Using a button for expandable menus is more accessible because it’s an interactive element by default and can easily handle the aria-expanded state.
    • aria-expanded: Indicates whether the submenu is open or closed (true or false).

    Styling Menus for Visibility & Interaction

    Accessible styling goes beyond making things “look nice.” It ensures that focus states are clear. For instance:

    nav button:focus {
  outline: 2px solid #005ea2;
  background-color: #f1f1f1;
}
nav ul ul {
  display: none;
}
nav button[aria-expanded="true"] + ul {
  display: block;
}
    • The outline property and background-color change help users see the focused button.
    • By default, submenus are hidden (display: none).
    • When aria-expanded= "true", the submenu appears (display: block).

    Enhancing Usability with JavaScript

    A small amount of JavaScript can make your menus more accessible. Here’s how you can toggle the aria-expanded attribute:

    document.querySelectorAll('nav button[aria-haspopup]').forEach(button => {
  button.addEventListener('click', () => {
    const expanded = button.getAttribute('aria-expanded') === 'true';
    button.setAttribute('aria-expanded', !expanded);
  });
});
    • This code finds every button with aria-haspopup.
    • When clicked, it checks if aria-expanded is currently true, then toggles it.
    • This prevents menus from randomly opening on hover and gives users control.

    Accessible Navigation Is an Ongoing Commitment

    Building an accessible mega menu isn’t a one-and-done project. It takes careful planning, coding, and constant testing to make sure all users can move through your site with ease. However, the payoff is huge: better usability for everyone, including people with temporary or permanent disabilities, and compliance with accessibility standards like WCAG.

    Remember, accessibility benefits everyone. Even a user with a short-term injury or someone on a small mobile device can benefit from keyboard-friendly and screen-reader-friendly menus. By making small changes to HTML, CSS, ARIA attributes, and JavaScript, you can open up your site to a larger audience and provide a smoother experience for all.

    If you need expert guidance on web accessibility or want a thorough audit of your online store, 216digital can help. We specialize in creating inclusive, user-friendly experiences that keep your customers coming back and keep your website on the cutting edge of accessibility best practices. Don’t let your mega menus become mega barriers—start making them accessible today!

    Greg McNeil

    March 11, 2025
    How-to Guides
    Accessibility, accessible code, How-to, mega menu, web developers, web development, Website Accessibility

  • The Key to Compliance? Continuous Accessibility

    When businesses think about web accessibility, many assume it’s a one-and-done task—an issue to be resolved, checked off a list and forgotten. However, true accessibility is an ongoing process that requires regular updates, monitoring, and proactive improvements. Without continuous accessibility efforts, websites can quickly fall out of compliance, leading to legal risks, increased remediation costs, and a frustrating experience for users with disabilities.

    For businesses looking to stay ahead, the key to compliance isn’t a single fix—it’s a long-term commitment to digital inclusion.

    Why Accessibility Can’t Be a One-and-Done Project

    Legal Landscape is Always Changing

    The number of digital accessibility lawsuits continues to rise year after year. In 2024 alone, over 4,000 lawsuits were filed, and more than 78,000 demand letters were sent in 2022—an average of over 1,500 per week. These legal challenges highlight the growing expectation for businesses to maintain accessible digital spaces.

    At the same time, accessibility regulations continue to evolve. Updates to the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) introduce new requirements that organizations must meet. A website that was compliant last year may not meet the latest standards today. Without continuous accessibility, even well-intentioned businesses can fall out of compliance, increasing the risk of legal action. Keeping up with regulatory changes through ongoing monitoring ensures that your website remains accessible and legally protected.

    Technology and Websites Constantly Change

    Websites rarely stay the same for long. New products, services, or design changes can quickly introduce barriers if they’re not tested for accessibility. A single line of new code could break an important accessibility feature. That’s why continuous accessibility involves regularly testing your site. You’ll spot problems early, fix them, and keep your site usable for everyone.

    Business Risks of Treating Accessibility as a One-Time Fix

    Increased Legal Vulnerability

    If you ignore continuous accessibility, you open yourself up to legal issues. A website that doesn’t maintain ongoing compliance will have more accessibility gaps. These gaps can lead to lawsuits or demand letters. And once you’re in legal trouble, you’ll face tight deadlines to fix problems. This rushed work disrupts your team and can become very expensive. On the other hand, a business that practices continuous accessibility can stay ahead of potential lawsuits by showing it takes compliance seriously.

    Cost of Reactive Fixes vs. Proactive Maintenance

    Fixing problems under legal pressure can cost far more than addressing them early. When you wait until someone files a lawsuit or sends a demand letter, you don’t have time to plan your budget or workload. With continuous accessibility, you can schedule regular checks and fixes. You stay in control of your spending and protect your bottom line by avoiding big surprises.

    Loss of Control Over Your Development Roadmap

    If you get sued for an inaccessible website, you may be forced to pause other important projects in order to fix issues quickly. This can mean cutting back on marketing campaigns, product launches, or site improvements. When you adopt continuous accessibility, you maintain control over your development roadmap. You never have to rush or sacrifice other work because accessibility is always part of your process.

    The Competitive Advantage of Continuous Accessibility

    Expanding Market Reach

    Accessibility is not just about meeting legal rules—it’s also about reaching more people. Many individuals with disabilities rely on websites that meet their needs. By focusing on continuous accessibility, you’re opening your site to a wider audience. In fact, 85% of businesses report that accessibility gives them a competitive edge. When your website is easy to use for everyone, you win more customers and build loyalty.

    Stronger Brand Reputation & Customer Loyalty

    People notice when a website welcomes them with clear navigation, captions, and other accessible features. A commitment to continuous accessibility tells the world you care about every user’s experience. That’s a message that builds goodwill. Not only does it help people with disabilities, but it also creates a simpler, more direct experience for all visitors. Happier customers are more likely to return and recommend your brand to others.

    How to Sustainably Maintain Digital Accessibility

    Implementing an Ongoing Monitoring Solution

    Your accessibility work should not stop after an initial audit. You need to track your site’s status in real-time. Automated testing tools and manual reviews can show if any new barriers appear. For instance, a11y.Radar by 216digital offers a real-time monitoring and compliance tracking system. This solution is designed to help you practice continuous accessibility without it feeling burdensome. When an issue appears, you can fix it right away, long before it becomes a bigger problem or legal headache.

    Accessibility Training & Organizational Buy-In

    Many accessibility problems happen because teams don’t know how to avoid them. If developers, designers, and content creators are not trained in best practices, problems sneak in during everyday tasks. That’s why continuous accessibility relies on ongoing training. Encourage your staff to learn about accessible coding, design, and content rules. When everyone sees accessibility as part of their job, it’s easier to maintain compliance over time

    .

    Partnering with Experts for Long-Term Success

    You don’t have to handle accessibility on your own. Working with a team of experts can ease your workload and calm any fears you might have. A trusted partner stays updated on changing rules and new technology. They guide you in making smart choices about your site’s structure and features. By collaborating with experts, continuous accessibility becomes a manageable task rather than a giant project. You keep your site welcoming and compliant without excessive effort.

    Future-Proof Your Website with Continuous Accessibility

    Accessibility isn’t a one-time box to check off. It’s an ongoing journey that requires regular care and attention. By embracing continuous accessibility, you protect your business from lawsuits, manage your budget more effectively, and reach a broader audience. You also build a reputation for being inclusive, which makes users feel valued and keeps them coming back.

    If your business has already taken the first steps with a web remediation project, don’t stop there. Make sure your site stays compliant by practicing continuous accessibility as part of your standard workflow. You will save money, avoid risks, and serve a diverse group of people who might otherwise be left out.

    At 216digital, we understand that continuous accessibility may sound daunting. That’s why we offer expertise and tools like a11y.Radar, a real-time monitoring solution. Together, we can keep your site compliant and user-friendly. It’s time to future-proof your website, protect your brand, and ensure a better online experience for everyone. Because when you invest in continuous accessibility, you invest in long-term success—both for your business and for the people who depend on it.

    Greg McNeil

    March 7, 2025
    Web Accessibility Monitoring
    Accessibility, Accessibility monitoring, ADA Compliance, web accessibility monitoring, Website Accessibility

  • How State Accessibility Laws Are Changing the Web

    Laws are supposed to make things clearer, right? But when it comes to web accessibility, things aren’t always so straightforward. The Americans with Disabilities Act (ADA) is meant to ensure equal access for people with disabilities, yet it doesn’t outline exactly what website owners need to do. That legal gray area has led many states to introduce their own state accessibility laws, filling in the gaps and setting clearer expectations.

    These state accessibility laws aren’t just patchwork solutions—they’re shaping the future of the internet. For businesses and website owners, staying ahead of these changes can mean the difference between compliance and costly legal trouble. More importantly, these laws help build a more inclusive web, ensuring people with disabilities can navigate online spaces without barriers.

    Why States Are Creating Their Own Accessibility Laws

    The ADA was designed to protect people with disabilities, and for a while, many assumed it would extend naturally to websites. But here’s the problem: the law doesn’t spell out digital accessibility requirements, leaving businesses uncertain about what’s expected of them. Meanwhile, the internet has evolved faster than legislation can keep up.

    To bridge this gap, some states are passing their own state accessibility laws, setting clear rules for businesses and organizations. Unlike broad federal regulations, these state accessibility laws often provide detailed guidelines that eliminate the guesswork for website owners.

    How These Laws Set New Standards

    When a state enacts digital accessibility laws, it typically mandates a set of standards that websites must follow. The most common benchmark? The Web Content Accessibility Guidelines (WCAG) cover essential elements like color contrast, keyboard navigation, and video captions.

    For example, state accessibility laws may require public-facing websites to comply with WCAG 2.1 Level AA. These state-specific regulations provide direct instructions, making compliance more straightforward than federal mandates. As more states adopt these standards, websites become more user-friendly and accessible to all.

    Filling the Gaps in Federal Law

    Federal laws play a crucial role in protecting people with disabilities, but they often lack specifics. This ambiguity leaves businesses unsure of how to achieve compliance. State accessibility laws provide much-needed clarity.

    For instance, some state accessibility laws require businesses to add alt text to images—a simple description that screen readers use to help blind users understand visual content. Others mandate captions or transcripts for videos, ensuring accessibility for those who are deaf or hard of hearing. These straightforward updates can significantly improve usability.

    What Website Owners Need to Know

    If you own or manage a website, these state accessibility laws matter. States may have different requirements, and even if your business is based in one location, you could be subject to laws of another state if your website serves customers there.

    Ignoring state accessibility laws isn’t just risky—it can be expensive. Some states impose fines for noncompliance, and lawsuits over website accessibility are on the rise. Even small businesses aren’t immune.

    But compliance isn’t just about avoiding penalties. A well-structured website with clear navigation, readable text, and a thoughtful layout benefits everyone, not just those with disabilities. When your site is easier to use, visitors are more likely to stay, shop, and return.

    Getting Started with Web Accessibility

    Improving website accessibility might seem daunting, but breaking it down into simple steps makes it manageable:

    1. Audit Your Website – Use free tools like WAVE or Google Lighthouse to scan your site for common accessibility issues, such as low color contrast or missing alt text.
    2. Follow Recognized Guidelines – Familiarize yourself with WCAG, which offers clear instructions on making digital content more inclusive.
    3. Train Your Team – Developers, designers, and content creators should understand basic accessibility principles. Even small changes—like using descriptive link text—can improve usability.
    4. Stay Informed – Laws are evolving. Keep up with accessibility regulations in the states where you do business. When in doubt, consult a legal expert or an accessibility specialist.
    5. Test with Real Users – Automated tools can catch some issues, but nothing beats real user feedback. People with disabilities can provide invaluable insights into how accessible (or inaccessible) your site truly is.

    What’s Next for Web Accessibility?

    State-level laws are pushing accessibility forward, and we’re already seeing a shift. Features like alt text and captions are becoming standard rather than optional. As more states implement stricter rules, they may eventually influence federal law, leading to more transparent nationwide standards.

    States also learn from each other. When one successfully enforces digital accessibility, others often adopt similar strategies. This collective effort is helping to create a more inclusive web for everyone.

    Staying Ahead of State Accessibility Laws

    Keeping up with changing accessibility laws ensures compliance while making websites more user-friendly. Small improvements can make a significant impact—not just legally, but in terms of customer satisfaction and usability.

    Since the internet is essential for shopping, learning, and staying connected, prioritizing accessibility benefits everyone. Thoughtful design choices don’t just reduce legal risks; they make online experiences better for all users.

    Not sure where to start? 216digital can help. Schedule a briefing with our team to stay ahead of new accessibility laws and ensure your website remains inclusive for all visitors.

    Greg McNeil

    March 6, 2025
    Legal Compliance
    Accessibility, accessibility laws, Legal compliance, state accessibility laws, web compliance, Website 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

  • How BITV 2.0 Impacts Public Websites in Germany

    If you build or manage websites, you might have heard about accessibility rules in different countries. One of the key regulations in Germany is called BITV 2.0. It helps ensure that public websites and mobile apps are usable by everyone, including people with disabilities. Website owners and content creators in the United States might wonder why they should care about German law. The truth is that many organizations have a global audience, and they often serve users in Germany, too. That’s why it’s helpful to understand BITV 2.0 and how it might affect your online presence.

    What Is BITV 2.0?

    BITV stands for Barrierefreie-Informationstechnik-Verordnung. This is Germany’s legal framework for accessible information technology. BITV 2.0 sets specific standards that public websites and mobile apps need to follow. Germany wants to remove barriers that keep people with disabilities from thoroughly enjoying online services. That includes everything from reading digital documents to completing forms.

    When we talk about BITV 2.0, we’re focusing on the revised version of the original BITV rules, introduced to reflect changes in international standards.

    Who Does BITV 2.0 Affect?

    BITV 2.0 applies mainly to public-sector organizations in Germany. That includes federal ministries, public institutions, and some agencies linked to government services. It also covers websites and mobile applications that these groups manage. If your business or organization has a European branch, it’s wise to check whether any part of your web presence is considered “public sector” in Germany. Even if your team operates mainly from the United States, you might work with German partners or serve government clients in Germany. In that case, you could fall under BITV 2.0 guidelines.

    Key Requirements and Technical Standards

    The heart of BITV 2.0 lies in its alignment with the Web Content Accessibility Guidelines (WCAG). WCAG is an international set of recommendations for making web content more accessible. It focuses on four core principles:

    1. Perceivable – Users should be able to see or hear the content in some form.
    2. Operable – All users should be able to operate the interface, including those who use keyboards or assistive devices.
    3. Understandable – Information should be clear, and the design should not confuse or overwhelm people.
    4. Robust – Websites should work with a wide range of technologies, including screen readers and other assistive tools.

    BITV 2.0 directs public websites to follow WCAG 2.1 up to level AA. That means your site should offer features like proper color contrast, text alternatives for images, and reliable keyboard navigation. The rules also require documents to be accessible. This can include PDFs that have a logical reading order and forms that let users tab through fields in a sensible way.

    Another important reference is the European Standard EN 301 549. This covers requirements for digital accessibility in Europe. BITV 2.0 makes use of this standard, which lines up with WCAG 2.1 and addresses many aspects of web and software accessibility.

    Key Updates in BITV 2.0

    The updated version of BITV introduced new responsibilities. These updates encourage website owners to provide an accessibility statement on their websites. An accessibility statement shows users the level of compliance and explains any known accessibility issues. It also explains how users can contact the website owner if they face barriers.

    BITV 2.0 expands rules to cover public mobile apps. Many people do daily tasks through apps, such as booking appointments or paying fees. Now, these apps must meet the same standards as websites. This is more pressing for government agencies that deliver digital services in app form.

    Steps to Achieve Compliance

    Achieving compliance with BITV 2.0 starts with learning where your site or app stands. It’s good to begin with an accessibility audit. This audit checks for issues that might stop someone from using your website or app comfortably. You can then prioritize fixes based on how serious each issue is.

    Here are some steps that can guide your process:

    Review Your Current Content

    Test your website for keyboard navigability. Use tools that check color contrast and other visual aspects. Make sure images have meaningful alt text. If you have videos, consider providing captions. This first pass can reveal some of the more obvious problems.

    Check Your PDF and Other Documents

    Many public websites host PDFs and Word files. These documents need to be readable by screen readers. Check for a correct reading order, and ensure form fields are labeled. This helps people who rely on assistive technology.

    Look at Your Mobile Apps

    If you provide a mobile app to serve users, apply similar checks there. This includes ensuring that buttons have clear labels and that each screen is easy to navigate using voice commands or a screen reader.

    Provide an Accessibility Statement

    BITV 2.0 requires that public websites and apps offer a clear statement about their accessibility status. Include contact details for users who need more help or want to report a barrier. Keep this statement updated as you fix any problems.

    Train Your Team

    Compliance is easier when everyone on your team knows how to create accessible content. Encourage developers, designers, and content creators to learn WCAG 2.1 guidelines. That can be done through online courses or official training programs.

    Stay Informed

    Rules and technology change over time. Keeping an eye on updates to WCAG and the European standards helps you remain prepared for any changes in BITV 2.0.

    Why Should US-Based Website Owners Care?

    You might think that a German ordinance doesn’t affect you if your organization is based in the United States. In a global digital world, you never know when a user from Germany will need your service. Some US-based companies also maintain offices in Europe or partner with German government agencies. In those situations, accessibility under BITV 2.0 becomes a core concern.

    Even if you don’t serve a German public sector audience, improving accessibility is a worthy goal. It makes your site easier for everyone to use. It also fits with good user experience practices. Following BITV 2.0 can raise the bar on the overall quality of your site or app.

    Practical Tips for Getting Started

    • Use Automated Tools: Automated scanners can find basic issues fast. They’re not perfect, but they give you a starting point.
    • Set Up User Testing: Invite users with different abilities to test your site. Their experiences can show you issues that software alone might miss.
    • Make Small Changes First: Fixing alt tags on images or improving color contrast is often simple. These quick wins boost morale and help you build momentum.
    • Gather Feedback: Provide a way for visitors to report problems. This keeps you aware of issues and shows that you care about making improvements.

    Moving Forward With BITV 2.0

    BITV 2.0 is about making digital spaces open to everyone in Germany. It’s a structured set of rules that public websites and apps need to follow. If you’re in the United States, you might not think it applies to you at first. But in today’s world, web services cross borders. If your site or app is used by people in Germany, the requirements of BITV 2.0 matter.

    Meeting these standards can feel complex, especially for teams new to accessibility guidelines. The good news is that there are many tools, checklists, and training programs that can guide you. By taking small steps, you’ll move closer to compliance and also create a better experience for all users. Once you understand BITV 2.0 and put it into practice, you’ll be ready to serve a broader audience in Germany—and beyond.

    BITV 2.0: Compliance Without Borders

    BITV 2.0 sets the legal framework for online accessibility in Germany. It focuses on ensuring websites and mobile apps can be used by everyone, including those with disabilities. The law affects public-sector entities, but private organizations with ties to Germany may also need to follow these guidelines. Compliance involves following WCAG 2.1 standards, providing an accessibility statement, and keeping up to date with evolving requirements. If you’re a website owner or content creator in the United States, it makes sense to keep these rules in mind, especially if your reach extends into Germany. Over time, you’ll see that adopting BITV 2.0 guidelines benefits your audience and helps you maintain a user-friendly and accessible online presence.

    Navigating accessibility regulations like BITV 2.0 can be complex, but you don’t have to do it alone. Schedule an ADA briefing with 216digital to discuss your accessibility needs and ensure your website meets international compliance standards. Use the contact form at the bottom of the page to get started today!

    Greg McNeil

    February 25, 2025
    Legal Compliance
    Accessibility, BITV 2.0, Legal compliance, WCAG, WCAG Compliance, Website Accessibility

  • Why Should Websites Prioritize Multimedia Accessibility?

    Today, video and audio have become essential ways to share information. In fact, the average person now watches about 84 minutes of online video each day, and that number continues to grow. Podcasts, livestreams, and short clips fill our feeds, but there’s a critical point many content creators overlook: not everyone experiences multimedia in the same way. For individuals without access to captions, transcripts, or other multimedia accessibility features, valuable information can slip through the cracks.

    Research from Johns Hopkins University shows that 1 in 5 people live with hearing loss that affects everyday communication. Add that to the 21 million with visual impairments and the 65.6 million with learning or attention-related conditions, and you have over 130 million Americans who might struggle with typical video and audio formats. Below, we’ll explore why it’s so important to make your multimedia accessible and share some key steps for doing it right.

    Video and Audio Accessibility

    Multimedia accessibility means designing video and audio content so people with hearing, visual, or cognitive challenges can fully engage. Often, this involves retrofitting existing videos or podcasts to align with guidelines such as the Web Content Accessibility Guidelines (WCAG). These guidelines outline how to make digital media easy to perceive, operate, and understand for everyone.

    People can encounter many barriers online. Someone who is Deaf or hard of hearing won’t know what’s being said without captions, and a person with low vision may have trouble following on-screen text without audio description. Even individuals with learning differences might find it tough to keep up if the video moves too fast. By addressing these issues, you create a better experience for everyone—whether they have a disability or simply prefer a different way of engaging with content.

    Why Remediating Multimedia Is Essential

    Inclusive User Experience

    Making your videos and audio clips accessible ensures you’re not leaving anyone behind. Features like captions, transcripts, and audio descriptions help people with disabilities, but they also benefit those watching in a noisy coffee shop, people who learn best through reading, or anyone who wants to watch without turning up the volume. Accessibility features often help more users than you’d expect, much like how ramps and elevators benefit parents with strollers and travelers with luggage, not just individuals who use wheelchairs.

    Legal Compliance & Risk Mitigation

    In the United States, laws such as the Americans with Disabilities Act (ADA) and Section 508 require accessible digital content in many situations. Failing to meet these requirements can lead to lawsuits, financial penalties, and damage to your brand’s reputation. It’s far safer—and more ethical—to be proactive about multimedia accessibility rather than risk legal problems down the road.

    SEO and Discoverability

    Making your multimedia content accessible also helps search engines like Google understand what’s in your videos and audio. That’s because search engines can’t watch a video or listen to a podcast the same way humans do—but they can read text. When you add captions, transcripts, and descriptive metadata, your content becomes easier to index, which can boost your search rankings and bring more people to your website.

    Key Multimedia Accessibility Techniques

    Captions and Subtitles

    Captions display the spoken words, plus important sounds (like music or a door slamming) on screen. They can be closed (user can turn them on or off) or open (always displayed). Effective captions must be accurate, in sync with the audio, and easy to read. This is crucial for people who are Deaf or hard of hearing, but it also helps viewers in noisy surroundings or those who find text easier to follow.

    Transcripts

    Transcripts are full text versions of everything said and heard in a video or audio file. They should include key sound effects or music cues as well. Transcripts are especially helpful for people with hearing loss or attention difficulties, but they’re also a big plus for your search engine optimization because they offer a text-based format that Google can index.

    Audio Descriptions

    For viewers with visual impairments, audio descriptions explain important visuals that aren’t covered by dialogue—like a shift in setting or a character’s facial expression. Ideally, these descriptions are inserted during natural pauses in the speech so they don’t interrupt the flow of the content.

    Using an Accessible Video Player

    Even well-captioned videos aren’t truly accessible if the video player itself is hard to navigate. Look for a player that supports keyboard navigation, screen readers, adjustable playback speeds, and independent volume controls for different audio elements.

    Planning Multimedia Accessibility from the Start

    While it’s possible to add accessibility features to existing media, it’s much easier (and less time-consuming) to plan these features from the beginning. Choose platforms that support captions, transcripts, and audio descriptions, and be sure to test your content with real users who rely on assistive technologies.

    Conclusion

    Making your videos and audio content accessible is about ensuring no one is left out. It’s not just good ethics or a legal must-have—it also boosts your SEO, widens your audience, and enhances user satisfaction. By adding captions, transcripts, audio descriptions, and user-friendly video players, you’re creating content that welcomes everyone.

    If you’re ready to take the next step, 216digital can help you make your website’s multimedia content truly inclusive. Contact us today to learn how. Multimedia accessibility is more than just checking a box—it’s about respecting your audience and future-proofing your brand in an increasingly diverse digital world.

    Greg McNeil

    February 24, 2025
    WCAG Compliance
    Accessibility, videos and audio content, WCAG Compliance, Website Accessibility

  • Can Fixing Accessibility Issues Void an ADA Lawsuit?

    The Americans with Disabilities Act (ADA) is a law designed to protect people with disabilities. It requires both physical and digital spaces to be accessible to everyone. When we talk about a website, accessibility issues might include problems like small text, missing captions for videos, or code that screen readers can’t understand. Fixing these barriers can make a big difference for people with vision, hearing, or other disabilities.

    But what happens when you’re sued for accessibility and then fix the barriers? Can you end the lawsuit just by correcting the problem? In some cases, if a legal dispute is settled or the main issue is resolved, the courts call it “moot.” A moot case is one where the concern is gone, and there’s nothing left to argue about. So, does fixing your accessibility issues automatically make the lawsuit moot and make the case go away?

    What Does “Moot” Mean in ADA Lawsuits?

    When a case is “moot,” it means the issue at the center of the dispute is fully resolved. There’s nothing more for the court to settle. Courts don’t spend time on moot cases because their job is to address real, ongoing problems. If a problem is completely gone, there’s no need to step in.

    How This Applies to ADA Lawsuits

    Many ADA lawsuits, particularly those concerning website accessibility issues, don’t always focus on money. Instead, they often request that a business fix the problem. If the business does correct its accessibility barriers, it can argue that the lawsuit should be dismissed because there’s truly nothing left to contest.

    However, making a handful of fixes doesn’t mean the court will deem it moot. Sometimes, the court still proceeds with litigation if it remains uncertain the corrections will hold in the long term or if the modifications are incomplete. The key point is that all accessibility issues must be resolved in a lasting way, so people with disabilities won’t ever encounter the same barriers again.

    What Factors Decide If a Case Is Moot?

    When You Fix the Problem Matters

    It’s much better to address accessibility issues before anyone files a lawsuit. If the problems no longer exist prior to litigation, there’s often no case in the first place. But if you wait until after someone sues, judges are more likely to scrutinize your fixes. They might allow the case to continue if they suspect the changes were rushed or not comprehensive.

    Proof That the Fix Is Permanent

    Courts want reassurance that the barriers won’t return. If your website is only partially fixed or if the fixes might break with the next update, the judge may not see the case as moot. To prove your commitment, demonstrate that your solutions are solid, tested, and built to last.

    Ongoing Accessibility Efforts Matter

    Judges look for signs you plan to remain accessible in the long run. A budget for accessibility, routine audits, and proper training show the court you’re taking this seriously. If you can prove you’re actively preventing new barriers, your argument to dismiss the lawsuit will be stronger.

    Does Fixing Accessibility Issues Make the Lawsuit Go Away?

    Short Answer: Not Always

    It may seem logical that correcting your site’s accessibility issues would end the legal fight, but lawsuits can persist even after changes are made. Here’s why:

    • Attorneys’ Fees and Costs: Plaintiffs often request attorney fees under federal law, which allows the prevailing party to recover these costs. Even if you fix the problem, the plaintiff might claim they deserve compensation for time and resources spent filing the lawsuit.
    • Compliance Verification: The court or plaintiff may want proof that your website remains compliant long term. This can involve audits, monitoring, or reporting requirements.
    • Bad Faith Litigation: Certain “serial litigants” file multiple lawsuits seeking quick settlements. Even after you fix the issues, these litigants could still pursue a settlement or legal fees.

    When Could the Case Be Dismissed?

    A court may dismiss a case if it’s truly moot, which typically requires showing a solid commitment to ongoing compliance. For instance, if you’ve:

    • Hired an accessibility consultant to thoroughly audit your site.
    • Corrected all the reported issues.
    • Adopted a formal accessibility policy.
    • Implemented regular testing and maintenance to keep your site accessible.

    If you can persuade the court there’s virtually no chance the same accessibility barriers will return, the lawsuit might indeed be dismissed as moot. However, the burden is usually on you to prove you’ve made genuine, lasting efforts.

    Why Proving Mootness Can Be Hard

    Unlike a physical location, a website is constantly updated. New products, images, or code can introduce fresh accessibility hurdles if you’re not careful. Because websites are so fluid, it’s tough to prove that issues won’t resurface. Courts remain cautious about calling a case moot if they believe the next update could create the same barriers again.

    The Business Bears the Burden of Proof

    It’s up to the business to convince the court that the barriers won’t come back. If the court isn’t entirely convinced, the lawsuit can stay active. This creates challenges for many companies because ongoing accessibility requires constant attention. Even minor overlooked glitches can affect people with disabilities—and put you back on the legal radar.


    Real Lawsuits: When Mootness Worked (and When It Didn’t)

    Diaz v. Kroger

    In Diaz v. Kroger, the lawsuit claimed Kroger’s website was inaccessible to individuals with disabilities. Kroger responded by upgrading the site to meet the Web Content Accessibility Guidelines (WCAG), widely regarded as the leading standard for web accessibility. They also established clear policies to maintain compliance. Since Kroger provided convincing evidence that the issues were fixed and unlikely to return, the court dismissed the case as moot.

    Haynes v. Hooters

    In contrast, Haynes v. Hooters went differently. Hooters made some modifications to address accessibility but couldn’t show that the site was fully accessible. They also lacked a clear plan to keep it accessible going forward. Because the fixes were incomplete and the long-term strategy was unclear, the case was not found moot. Hooters remained in legal hot water, even after implementing certain improvements.

    What Businesses Should Do to Avoid Lawsuits

    Stay Ahead of the Game with Accessibility Audits

    One of the most effective ways to avoid ADA lawsuits is by preventing barriers before they arise. Regular audits—for both your website and physical location—can help you catch accessibility issues early. These checks might cover screen reader compatibility, video captions, and easy navigation for keyboard-only users. Identifying these issues early lets you fix them before a lawsuit ever appears.

    Develop an Accessibility Plan

    A strong accessibility plan signals to courts (and customers) that you take the ADA seriously. This plan should include:

    • Clear Accessibility Policies: Document your commitment to making your website and business accessible.
    • A Real Budget for Improvements: Allocate funds for accessibility updates and necessary technology.
    • Scheduled Audits and Training: Conduct regular reviews and train your team to maintain accessibility every day.

    Document Everything

    Keep thorough records of what you’ve corrected, when you did it, and how you’re preventing new accessibility issues. Detailed documentation can be invaluable in court if you need to prove your compliance efforts. It also streamlines your updates and helps you catch minor errors before they become major problems.

    Team Up with 216digital to Stay ADA-Compliant

    Catching accessibility barriers early is the best way to avoid costly legal disputes and ensure all users feel welcome on your site. It also helps you steer clear of lawsuits that might not vanish just because you made a few changes.

    At 216digital, we understand how overwhelming it can be to keep pace with ADA regulations and website maintenance. That’s why we specialize in accessibility audits, risk mitigation, and compliance solutions. We believe in taking proactive steps so you’re not left scrambling after a lawsuit arrives.

    Instead of waiting to see if your site might face an ADA lawsuit, schedule a free ADA briefing today  to evaluate your site’s compliance. With the right measures, you can demonstrate to your customers—and the courts—that you’re genuinely committed to removing accessibility barriers and keeping your online presence open to all.

    Catching accessibility issues early is the best way to stay out of legal trouble and create a welcoming experience for all your visitors. It also helps you avoid the stress and cost of a lawsuit that might not go away just because you made a few changes.

    Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you have specific legal questions about your situation, consult with an attorney who specializes in ADA and accessibility matters.

    Greg McNeil

    February 21, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, Moot, Website 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
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