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Do I Have to Make My Website Accessible?

Do I Have to Make My Website Accessible?

TL;DR: If you're a business that serves the public, yes. The ADA applies to websites. Courts have been ruling this way since 2017. The question isn't "do I have to?" - it's "when will I make this a priority?"


Let's cut to the chase:

If your business serves the public, your website needs to be accessible to people with disabilities.

That's the law. That's what courts rule. That's what businesses learn the expensive way when they get sued.

The Legal Answer

The Americans with Disabilities Act (ADA) requires "places of public accommodation" to be accessible to people with disabilities.

For decades, this meant physical spaces - ramps, elevators, accessible bathrooms.

Since 2017, federal courts have consistently ruled that websites are also "places of public accommodation."

Key Court Rulings:

  • Winn-Dixie (2017): Website must be accessible
  • Domino's (2019): Supreme Court declined to hear appeal, letting lower court ruling stand (websites must be accessible)
  • Hundreds of cases since: Courts consistently rule in favor of accessibility

Translation: Yes, you have to make your website accessible.

"But I'm a Small Business"

Doesn't matter.

The ADA applies to businesses of all sizes if you serve the public. A 5-person restaurant has the same legal obligation as Amazon.

Size-based exemptions don't exist for ADA website compliance.

If you have a website and you serve the public, the law applies to you.

"But I Don't Serve Disabled People"

Wrong question.

You don't get to decide who your customers are. If you serve the public, you have to serve ALL of the public - including the 26% of American adults who have some form of disability.

The ADA's whole point: People with disabilities have the right to participate in public life. That includes accessing businesses, services, and information - online and offline.

"But My Website Is Just Informational"

Still counts.

Even if your website doesn't sell anything, if it provides information about your business, services, hours, location, or contact info, it needs to be accessible.

Examples of "informational" sites that still need to be accessible:

  • Restaurant menus and hours
  • Medical practice information and forms
  • Real estate listings
  • Event information
  • Service descriptions
  • Contact forms

If a disabled person can't access your website to find out your hours or contact you, that's a barrier. And barriers can lead to lawsuits.

What "Accessible" Actually Means

You're required to follow WCAG 2.1 Level AA standards. (Web Content Accessibility Guidelines)

In plain English, this means:

  • Images need alt text so screen readers can describe them to blind users
  • Videos need captions so deaf users can follow along
  • Forms need proper labels so assistive technology knows what each field is
  • Sites must work with keyboards because some users can't use a mouse
  • Color contrast must be sufficient so vision-impaired users can read text
  • Buttons and links must be clearly identifiable to screen readers

Most violations are straightforward code issues. Someone who knows accessibility can fix them in days.

"But There's No Official Regulation"

Technically true, strategically irrelevant.

The Department of Justice hasn't published official WCAG regulations (yet). But courts don't care. They've been ruling that websites must meet WCAG 2.1 AA standards since 2017.

Waiting for "official" regulations before making your site accessible is like waiting for a speed limit sign before deciding not to drive 100mph through a school zone.

The law exists. The courts enforce it. Businesses that ignore it get sued.

"I'll Just Install an Accessibility Overlay"

Don't.

Overlay plugins promise automatic compliance with one line of code. They don't work.

Why overlays fail:

  • They don't fix the underlying code
  • They create new accessibility barriers
  • Courts don't accept them as compliance
  • Many lawsuits specifically mention overlays were installed and site was still inaccessible

Overlays are like putting a "Wheelchair Accessible" sign on a building that still has stairs and no ramp. It doesn't make the building accessible - it just advertises that you don't understand the problem.

What Happens If You Don't?

Eventually, someone notices your site isn't accessible. Then:

Option 1: Demand Letter

  • Law firm sends letter listing violations
  • Demands fixes within 30-60 days
  • Often includes settlement demand ($5,000-$15,000)

Option 2: Lawsuit

  • Filed in federal court (public record)
  • Legal fees: $20,000-$50,000+
  • Settlement: $10,000-$75,000
  • Court-mandated monitoring: $5,000-$10,000/year for 2-3 years
  • You still have to fix the site anyway

The math: Fix it proactively for $2,000-$8,000, or reactively for $30,000-$125,000+.

The Business Case (Beyond Legal Risk)

Even without the legal risk, accessible websites make business sense:

26% of American adults have a disability. That's 61 million potential customers.

Accessible sites work better for everyone:

  • Captions help people in noisy environments or who can't play audio
  • Keyboard navigation helps power users
  • Clear navigation helps everyone find what they need
  • Good color contrast makes text readable for aging eyes

Inaccessible sites lose customers and money - not just from lawsuits, but from disabled users who leave when they can't use your site.

What You Should Do

Step 1: Find out what's wrong

Run an accessibility scan. See what violations exist. Most sites have 15-50 issues.

Step 2: Prioritize critical issues

Focus on high-impact barriers first:

  • Forms that don't work
  • Images without alt text
  • Poor color contrast
  • Keyboard navigation problems

Step 3: Get it fixed professionally

Unless you're technical, hire someone who does accessibility work regularly. They'll fix it properly in days, not weeks.

Step 4: Document everything

Keep records of what you fixed and when. If you ever face a lawsuit, showing good faith effort helps.

The Bottom Line

Do you have to make your website accessible?

Yes.

The law says so. Courts enforce it. Thousands of businesses learn this the hard way every year.

You can fix it proactively (cheap, fast, no stress) or reactively after getting sued (expensive, slow, very stressful).

The ADA isn't going away. Website accessibility lawsuits aren't stopping.

Your move.


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