A Seyfarth study posits approximately 11,452 ADA Title III lawsuits were filed in 2021. This is a cumulative number representing lawsuits filed in federal and state courts such as California and Arizona.
ADA lawsuits revolve around the fact that some websites aren’t accessible to people with disability. Though ADA compliance is a gray area, it’s best to build websites easily accessible by everyone.
Non-compliance can cost you and your business, especially when you lose an ADA web accessibility lawsuit. It’s best to be safe than sorry!
This guide covers everything you need to know about ADA compliance and website accessibility. So, let’s get to it!
Is ADA Compliance Mandatory for all Websites?
The ADA (Americans with Disabilities Act) is a civil rights law prohibiting discrimination against individuals with disabilities in all public and private places. The law ensures disabled individuals have equal rights and opportunities as everyone else.
So, is ADA compliance mandatory for all websites? You’re probably wondering. Honestly, ADA doesn’t apply directly to websites. But, ADA lawsuits have been filed against businesses that don’t have accessible websites.
The worst part is that some businesses have had court orders forcing them to make their websites accessible under ADA regulations. This is despite the grayness in the law!
Whether ADA compliance is mandatory for all websites is at the discretion of the state courts. The final judgment always lies with the court where the ADA lawsuit is filed.
Courts that are pro ADA compliance argue a website is considered “Public accommodation,” according to ADA Title III, so it should comply with ADA requirements.
They also argue ADA compliance is mandatory for all public businesses with a physical location. This means you should comply with ADA requirements if you operate a brick-and-mortar business with a website.
On the other hand, some courts argue ADA compliance doesn’t directly address websites. So, it’s impractical to compel them to comply with ADA regulations.
A court ruling an ADA lawsuit against your business will likely attract a penalty of between $3,000 and $25,000 in settlement fee. You may also be compelled to redesign your business website to make it more accessible.
No doubt, website accessibility issues can land you into trouble, especially if your business is based in California. While there’s a gray area between ADA compliance requirements and business websites, it does no harm to design easily accessible websites right off the bat.
Inaccessible websites are typically slow loading, have illegible fonts, and have poor navigation systems. Accessing these websites can be daunting to everyone. But it’s more frustrating for individuals with visual, hearing, cognitive, neurological, and motor disabilities.
Implementing website accessibility can be a hassle for most businesses, but it’s always worth it in the long run. If you value your customers and bottom line, you’ll want to ensure your website is fully accessible to everyone.
Website accessibility makes the internet an inclusive place. That’s how you want people with disability to feel when they visit your business website. Accessible websites are mobile-friendly, have low maintenance costs, and have a wider audience reach.
Reach out to Dedicated Designs for an ADA Compliance Website Audit
The ADA requires that all websites comply with ADA regulations today. Website accessibility lawsuits have become more frequent in today’s online world. It is easier and less expensive to make your website compliant before being served with a lawsuit letter.
So, please reach out to Dedicated Designs, and we’ll be happy to set up an ADA compliance website audit and offer web design solutions based on your site’s results. What are you waiting for?