TL;DR: Yes, it's mandatory if you're a business that serves the public. Courts have ruled this way consistently since 2017. Waiting for "official" DOJ regulations won't protect you from lawsuits happening right now.

If you're asking whether ADA compliance is mandatory for websites, you're probably hoping the answer is "not yet" or "only for certain businesses."

Bad news: The answer is yes.

Good news: It's fixable, and way cheaper than a lawsuit.

The Legal Status (Confusing but Important)

Here's what makes this confusing:

What exists:

The Americans with Disabilities Act (1990) requiring "places of public accommodation" to be accessible
Title III of the ADA applying to businesses that serve the public
Hundreds of federal court rulings since 2017 that websites are "places of public accommodation"
WCAG 2.1 Level AA as the accepted standard

What doesn't exist:

Official Department of Justice (DOJ) regulations specifically for website accessibility
Clear statutory language explicitly naming websites in the ADA text

What this means in practice:

Courts treat website accessibility as mandatory under existing ADA law. Businesses that fight accessibility lawsuits almost always lose.

Translation: Yes, it's mandatory. The absence of official DOJ regulations doesn't protect you.

Why There's No Official Regulation (Yet)

The DOJ has been "working on" website accessibility regulations for over a decade.

The timeline:

2010: DOJ announces intent to create website regulations
2017: Regulations withdrawn, "under review"
2022: New proposed rulemaking announced
2025: Still no final regulations

Why the delay? Politics, bureaucracy, lobbying, changing administrations.

Why it doesn't matter: Courts aren't waiting. They're ruling based on existing ADA law plus established WCAG standards.

How Courts Are Ruling

Since 2017, hundreds of federal accessibility lawsuits have been decided. The pattern is clear:

Businesses arguing "it's not mandatory" lose.

Major Cases:

Gil v. Winn-Dixie (2017): Website must be accessible, injunction issued
Robles v. Domino's (2019): Ninth Circuit ruled website must be accessible; Supreme Court declined to hear case
Hundreds more: Courts across the country consistently rule that websites are covered by the ADA

The legal precedent is established. Arguing "it's not mandatory" in court doesn't work.

Who Has to Comply?

If you're a business that serves the public, your website must be accessible.

This includes:

Restaurants
Medical practices
Retail stores
E-commerce sites
Hotels
Real estate companies
Professional services
Entertainment venues
Nonprofits
Any business with a public-facing website

Size doesn't matter. A 5-employee restaurant has the same obligation as a Fortune 500 company.

What "Compliance" Actually Means

In practice, courts expect websites to meet WCAG 2.1 Level AA standards.

This means your website must:

Work with screen readers (for blind users)
Have captions on videos (for deaf users)
Function with keyboard navigation (for users who can't use a mouse)
Have sufficient color contrast (for vision-impaired users)
Have proper form labels (for assistive technology)
Have alt text on images (for screen reader users)

These aren't suggestions - they're the standard courts use to determine compliance.

"I'll Wait for Official DOJ Regulations"

Bad strategy.

Here's why:

1. Lawsuits are happening now

Over 4,000 federal accessibility lawsuits were filed in 2023. Courts aren't waiting for DOJ regulations - they're ruling based on existing law.

2. You'll still be liable retroactively

When DOJ regulations do come out, they'll likely apply to violations that occurred before the regulation. Waiting doesn't protect you.

3. The standard probably won't change

Courts already use WCAG 2.1 AA. Official regulations will almost certainly codify the same standard. You're not gaining anything by waiting.

4. Your business is at risk every day you wait

Each day your site isn't accessible is another day someone could file a complaint or lawsuit.

Waiting for regulations is like not wearing a seatbelt because the car manual doesn't explicitly say you have to. The law exists. The risk is real. Waiting just increases your exposure.

What Happens If You Don't Comply?

Eventually, someone notices your site has accessibility barriers. Then:

Stage 1: Demand Letter

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

Stage 2: Lawsuit (If You Don't Settle)

Filed in federal court (public record)
Legal fees: $20,000-$50,000+
Time consuming and stressful
You'll probably lose

Stage 3: Settlement (Most Cases)

Cash payment: $10,000-$75,000
Attorney fees (theirs): $10,000-$30,000
Agreement to fix all violations
2-3 years of court-mandated monitoring ($5,000-$10,000/year)

Stage 4: Fixing It Anyway

You still have to make your site accessible
Cost: $2,000-$8,000 for most sites
The fix you could have done at the beginning for a fraction of the total cost

The "But Other Sites Aren't Compliant" Argument

"I see tons of sites that aren't accessible. Why should I worry?"

True - most websites aren't fully accessible. But:

1. You only need one person to notice

Thousands of businesses have inaccessible sites. Thousands also get sued each year. You don't want to be one of them.

2. Your risk varies by industry

Some industries get targeted more (restaurants, medical, e-commerce, hotels). If you're in a high-risk industry, your odds are worse.

3. It's like speeding

Lots of people speed. Most don't get tickets. But some do. And saying "other people speed too" doesn't get you out of the ticket.

Other businesses being non-compliant doesn't protect you when you're the one who gets the lawsuit.

What You Should Do Right Now

Step 1: Accept the reality

Yes, it's mandatory. No, there's no loophole. No, waiting for official regulations won't help.

Step 2: Find out what's wrong

Run an accessibility scan of your website. See what violations exist.

Step 3: Get it fixed

Hire someone who knows accessibility (not just an overlay plugin). Fix the underlying code properly.

Step 4: Document everything

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

The Bottom Line

Is ADA compliance mandatory for websites?

Yes.

Courts say yes. Lawsuits prove it's enforced. Businesses that fight it lose.

The absence of official DOJ regulations is irrelevant. The law exists. The precedent is clear. The risk is real.

Your choice:

Make your site accessible now (costs less, no legal risk)
Wait and hope you don't get sued (costs way more when you lose)

The ADA isn't going away. Website accessibility lawsuits are increasing, not decreasing.

Fix it before it becomes a legal problem.

Scan your website now

Is ADA Compliance Mandatory for Websites?