As you’ve probably figured out by now, the answer is no, because it’s not at all clear how or even if ADA rules will be applied to any particular website. Still, it’s generally a good idea to err on the side of caution. Many states have adopted their own accessibility laws, and the volume of accessibility-related lawsuits filed against websites has ballooned in recent years. Plaintiffs have been more successful in these suits than ever before. With no clearly defined regulations to follow, it is probably not worth it for most companies to gamble that a court will rule in their favor.
The fact that an ADA compliant website can increase your target audience by millions is just one reason to make your site more accessible. Another benefit is that not only will you get more customers, but those customers will also know how valuable they are to your business. After all, they might have gone to a few other websites that were not ADA compliant, disappointed each time that they couldn’t access the content, until they got to your website.
So, what do I mean by that? That sounds weird. So, when I say designer, I mean someone who's strictly an artist, and there's a lot of those out there. A lot of 'designers' are only concerned about the aesthetics of the site. What it looks like, or if its unique, or if it follows the latest website design trends. But at the end of the day they don't really 'get it' when it comes to what the primary purpose of a website is.
The large number of people who have disabilities, coupled with the challenges that they face, is one of the reasons that the Americans with Disabilities Act (ADA) was passed in 1990.² As its name suggests, the ADA is designed to protect individuals with disabilities in the United States. The ADA essentially makes it illegal for any government entity or business to provide goods and services to the general public without ensuring that the entities are accessible by people with disabilities. In today’s digitally driven world, many businesses fail to follow web accessibility best practices. In fact, this is why the Supplemental Advanced Notice of Proposed Rulemaking (SANPRM) was created by the U.S. Department of Justice (DOJ). To ensure that they are implementing digital accessibility best practices, organizations are encouraged to use the WCAG 2.1 technical requirements.³

That carousel or image slider on your site looks beautiful. That stunning video on autoplay may have cost thousands to produce. Users with cognitive limitations, however, may not comprehend your information quickly enough before the view changes or your video ends. Other users may want to start over, or go back and review something they saw or heard.


The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services. As it relates to employment, Title I of the ADA protects the rights of both employees and job seekers. The ADA also establishes requirements for telecommunications relay services. Title IV, which is regulated by the Federal Communications Commission (FCC), also requires closed captioning of federally funded public service announcements.

For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
The average cost for hiring a web designer varies greatly depending on the scope of the work, which may range from building a site from scratch to rebranding an existing one, as well as the amount of content and graphics the designer will create. In general, the more complex the project, the more time the design agency will have to spend. Because web designers often work on an hourly basis, the longer the project, the higher the costs; you can count on the web designer spending at minimum 10 hours to create a very basic website with just a handful of pages with few elements. Prices also depend on the designer’s skill set, the process, and the company’s rates. In general, the national average cost for a basic website package starts at $500, but a customized website can cost as much as $2,000 or more. Here are typical average hourly rates, broken out by the complexity of the work:
That’s good news if you are one of the many Americans who have a visual, hearing, or mobility disability that makes it difficult to access some information on the web. If you are a business owner who hasn’t made provisions to ensure that your website and other online assets are ADA compliant, you could be looking at a host of legal and financial penalties.
Every year numerous lawsuits are taken against businesses that fail to follow the ADA’s proposed requirements for web accessibility. This failure occurs because organizations, including state and local government entities, fail to read the ADA Best Practices Tool Kit.8 They also do not follow the most up to date version of the WCAG.9 These two failures are not only detrimental to people with disabilities who want to effectively browse the web, but they are also inexcusable in today’s digitally driven world.
In short, the ADA is meant to protect disabled individuals as they go about their daily lives. These regulations ensure that people with disabilities are not denied entry into the above places or denied services by a company due to their disability. It is important to note that these regulations are now applicable to services that are provided online or through other digital formats. For example, if a company accepts job applications online, then it must ensure that a person with a disability can also apply for the job online. In other words, it is illegal to have barriers on the website that would keep the disabled individual from successfully completing their application. Fortunately, the ADA guidelines help to remove barriers and ensure that the Internet remains a space that people of all backgrounds and disabilities can use.
The need to make websites, mobile apps, and other online properties accessible to all is only going to increase as time moves on. Smart business owners will do well to get in front of this issue and make sure that their websites are ADA compliant now so that all their customers have the equal access to the resources they offer. Not just because they want to avoid a lawsuit or government action, but because it’s the right thing to do.
The Department of Justice (DOJ) has specifically stated in rulings that websites should be designed so they are accessible to individuals who have vision, hearing, and physical disabilities. There’s a growing body of case law where the DOJ required companies to provide an ADA compliant website and levied hefty penalties when sites failed to measure up.

Since the ADA does not specifically address web accessibility, it means the Department of Justice (DOJ) will not, at this time, intervene. This means it cannot levy fines or penalties against non-compliant businesses. However, individuals and groups can file civil suits against businesses. If the court rules in the plaintiffs’ favor (the individual or group), the business will be ordered to make their website accessible, and may have to pay the plaintiffs’ attorney fees in some cases. Failure to meet these obligations in the time allotted may result in a civil contempt of court charge or additional legal action by the plaintiff.
Hey OB – Disclaimer – none of this is legal advice and you’d want to check with a lawyer to know if you’re at risk for any action if you’re not ADA compliant. Based on what we’ve seen if you don’t have a physical retail or service location, and you don’t receive any funding from the government you likely aren’t required to have a website that would be considered compliant. Some people expect that to change in the next few years, but that’s what we know for now. Let us know if you have more questions or would like to test your site.

Web accessibility addresses the needs of every website visitor to achieve an optimal level of usability and ADA compliance. Many people browsing the web have a permanent disability (visual, mobility or neurological impairment), or a temporary impairment such as a broken arm, broken or lost eyeglasses, and so on. Many baby boomers have aging-related issues that make using the web more challenging, and they’re not alone–about 20% of the U.S. population has an identified disability.


Various courts around America have ruled that commercial websites are places of public accommodation and thus subject to ADA rules. Other cases have concluded that websites are bound by ADA regulations if there is a close “nexus” between the site and a physical location, the most famous example being the ruling against the Winn-Dixie supermarket chain for not making its site accessible to users with low vision. Other courts have decided that the ADA as written simply does not offer any protections for online users. With no overarching federal rules in place, it’s difficult to make a definitive statement about whether or not any given website is governed by ADA accessibility rules.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
The web design company you choose must be able to interpret your company’s mission and identity and turn it into an appealing website that connects with potential customers. They must help you reach your target audience and meet your business goals. A web design agency should have on staff both talented web designers, with fresh ideas and extensive technical and creative skills, and a marketing team that knows how to drive traffic to your site, encourage visitor engagement, and convert visitors into customers. Web designers should be able to build in search optimization and integrate your site with a content management system and e-commerce tools. Look, too, for a website design company that understands responsive design and can optimize your website for mobile devices and desktop browsers. The right web design company understand current design and website trends, has experience building sites in a variety of industries (not just yours), and has an expansive portfolio of live websites. Finally, don’t simply hire the cheapest bidder — in web design, as in all things, you get what you pay for.
The good news for potential defendants is that the only remedies available in private ADA suits are injunctions that force you to come into compliance and attorneys’ fees. If the Department of Justice gets involved, they can seek civil fines and penalties. Hence, you need to do the risk/benefit analysis as to whether it is worth challenging the claim or not. This report says the lawsuits are on the rise.

The ADA itself holds different organizations to more/less stringent standards based on a host of factors, government funding being a major one. Government agencies themselves are usually held to the most severe standards. That said, while ADA has adopted WCAG as the defacto standard, from what I’ve seen it appears they’re going with AA compliance as the most reliable one. That said, we’ve done work with some organizations who’ve chosen to comply with AAA in an effort to be as buttoned up as possible from an accessibility and experiential perspective. We’ve also worked with some who have tighter budgers and aim for level A compliance and have a more “react and repair” mindset when they discover anything in their site that is giving someone hardship from an accessibilirt standpoint.


The Americans with Disabilities Act (ADA) was first passed in 1990. Twenty years later, the US Department of Justice released an update called the 2010 ADA Standards for Accessible Design. These standards cover the design of physical spaces and have been interpreted to include web locations as well, so it can be difficult for the would-be accessible website designer to use them.

Gray Reed & McGraw is a Texas-based, full-service law firm with over 120 lawyers in Dallas and Houston. Since 1985, our firm philosophy has been to provide high-quality legal services in a streamlined manner, to provide sophisticated and complex legal advice that is reasonably priced, and to provide big-firm results with small-firm efficiency. For 30 years, we have dedicated ourselves to achieving success for our clients, as they define success – whether that is winning a critical lawsuit, closing a key deal, consulting to save taxes, or just giving good business advice to avoid disputes.

For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
Since the ADA does not specifically address web accessibility, it means the Department of Justice (DOJ) will not, at this time, intervene. This means it cannot levy fines or penalties against non-compliant businesses. However, individuals and groups can file civil suits against businesses. If the court rules in the plaintiffs’ favor (the individual or group), the business will be ordered to make their website accessible, and may have to pay the plaintiffs’ attorney fees in some cases. Failure to meet these obligations in the time allotted may result in a civil contempt of court charge or additional legal action by the plaintiff.
Do all websites have to be ADA compliant? Technically, the Americans with Disabilities Act (ADA) Title III, which concerns public businesses, does not specifically address websites. Local and state government websites must be accessible under Title II of the ADA and Section 508 of the Rehabilitation Act. However, ADA civil suits have been brought against businesses with inaccessible websites, and courts have ordered some businesses to make their websites accessible.
Ensuring your website is ADA compliant takes skill and know-how. Even with drag-and-drop and state-of-the-art web builders, knowing how to put together content, add alt-tags and compliant contrasting colors just to name a few thing, it takes someone familiar with coding, UI/UX techniques and the best practices advised by the W3C (World Wide Web Consortium) to ensure that your site meets at minimum the A Level of Conformance. Here is the W3C’s complete and exhaustive list of technical conformance guidelines.

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Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation, including restaurants, movie theaters, schools, day care and recreational facilities, and doctors’ offices. All public places, as well as privately owned commercial facilities, are required to comply with ADA standards.
President George H.W. Bush signed the Americans with Disabilities Act into law July 26, 1990. The ADA prohibits discrimination of people with disabilities and guarantees the same opportunities as everyone else. These opportunities include employment possibilities, purchasing of goods and services and the ability to participate in State and local government programs.
The best resource to find out this information is to ask other local business owners in the area who they hired to create their website, and the total cost involved. If you find yourself loving a specific website that isn’t local, reach out to the owner and ask if they would mind sharing the contact information of their designer. They will appreciate the compliment, and most likely would share that information.
The ADA guidelines are often updated so that businesses can better understand how various disabilities can affect the way that people will interact with websites and digital content. The guidelines also explain why certain barriers can prevent disabled individuals from using or even accessing a website. With these goals in mind, it is important to note that organizations need to review the guidelines on a yearly basis. New technologies, such as Artificial Intelligence10, are being used to help people with disabilities get the most out of the digital world. If organizations fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.
There are many companies out there who claim they can bring your website up to code in as little as two days. This is simply not possible. It takes going through every page on your website and bringing each variable up to code on that page. It’s not simply a magic button that you press. This could take a single developer many hours if you have a decently sized website, hence the hefty price tag to bring sites up to code.

ADA Compliance is not exactly new, but there is a noticeable increase in lawsuits. but the most important thing you can do to be ADA compliant is to make your website accessible to people with sensory disabilities like deafness or blindness. This includes alternate text for images and media that are more than decoration, like infographics and photos of things that explain or pertain to website content. This is most important if your website represents a public physical location, like a hotel or store of some kind. Because these lawsuits are usually pursued in the necessity, where people with disabilities really need access to such a business and can't obtain it.  https://www.ada.gov/
Two agencies within the U.S. Department of Labor enforce parts of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center (CRC) is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities. Visit the Laws & Regulations subtopic for specific information on these provisions.
Talk to your web designer about other techniques that will make your site more user-friendly for people with disabilities. Worried that’s not in your budget? Consider the fact that DOJ fines start at $75,000. And it's still yet to be determined if a non-compliant website is liable for one fine or will be charge per page for each violation. As the recent lawsuits illustrate, though, settlements quickly add up into the millions.
Do all websites have to be ADA compliant? Does yours? Though the legal definitions are somewhat unclear, it is clear that inaccessibility invites legal action and misgivings from customers. Web accessibility does not have to be complex, and it may not take much to test your site and make it accessible. Take web accessibility step by step and you can avoid stressful lawsuits, and invite all patrons to your website.
This guy is right on! You should learn new skills that are critical to your success instead of focusing on your business. Just making a website is easy, making one that is easy for your users to navigate, captures your users' interactions, feed that back to a CRM so you can act on it and setting up automation to handle each one properly so you don't lose the customer is not. (And do not forget, the design of your site is critical to the effectiveness of Google and Microsoft Ads. Without them, no one will ever see your new, beautiful site.)
I was educated at the Illinois Institute of Art in Chicago and have over decade of graphic design experience developing t-shirts, posters, flyers, illustrations, web graphics, and many more. All of my work delivers on creating high quality images filled with detail and color. My belief in establishing a good relationship as well as excellent communication with each of my clients helps me produce the professional work they are looking for. My ambitious nature and need to create fuels my drive to always deliver the best for my clients.
Most recently, however, pizza chain Domino's has been brought under suit for their website not being accessible for specialty ordering. The U.S. Supreme Court refused to review the case, instead upholding the decision of the 9th U.S. Circuit Court of Appeals who said the “alleged inaccessibility of Domino’s website and app impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.”

The consequences for ignoring ADA guidelines for your website and online reservation system can be costly. In California, each instance of non-compliance is punishable by minimum damages of $4,000, plus legal fees. Class action lawsuits can multiply the damages dramatically. Most states have multiple disability laws, so it only makes sense that your website meets ADA compliance immediately.


HTML tags – specific instructions understood by a web browser or screen reader. One type of HTML tag, called an “alt” tag (short for “alternative text”), is used to provide brief text descriptions of images that screen readers can understand and speak. Another type of HTML tag, called a “longdesc” tag (short for “long description”), is used to provide long text descriptions that can be spoken by screen readers. 
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