Case law has been the most helpful in illuminating the implications of the ADA for websites.There have been lawsuits involving companies like Expedia, Hotels.com, Southwest Airlines, and Target as defendants and primarily featuring accessibility organizations as plaintiffs. These cases had mixed results, but each helped clarify the ADA's jurisdiction on the web. 
According to Creating an Accessible Presence for the Lodging Industry by the American Hotel & Lodging Association, “Many businesses don’t understand that the law actually requires them to make their websites accessible to individuals with disabilities. There is a common misperception that the Americans with Disabilities Act and similar state and local laws only deal with physical buildings and facilities, so-called “brick and mortar” establishments, and that non-building-related business operations—such as websites—are not covered by these laws. Nothing could be further from the truth—at least with respect to websites that have some sort of connection, or “nexus,” to physical places of business.”
The gray area is a matter of scale and purpose. If you have a small business which serves as specific market it's a good idea to make the site as user and disability friendly as possible. If, however, your market serves segments with a likeliness to have various handicaps or disabilities you should address that with an ADA Compliance review of the site. Also consider the scale and purpose of an organization. Publicly traded large businesses need to concern themselves more than a single location family owned retailer and if someone sues your flower shop because the text was too small or didn't have "image alt tags" causing them distress... That's pretty frivolous and would likely not stand.
Instead, search online for websites you like and ones that could potentially represent your brand from an image perspective. This is also the time you will begin to draft an outline of what you want your website to accomplish, but we’ll get into that later. For now, figure out why you want a website in the first place to create a starting point for your project.

Government Code §11546.7 – The requirement that state agency heads certify, every two years, that their agency’s website meets the Web Content Accessibility Guidelines, Version 2.0 or a subsequent version, at Level AA or higher, and the requirements of Sections 11135 and 7405 of the Government Code. Created by AB 434 (Baker, Chapter 780, Statutes of 2017), and sometimes referred to as AB 434.
The Americans with Disabilities Act was instituted in 1990 in an effort to end discrimination based on differing abilities. Drawing heavily from the landmark Civil Rights Act of 1964, which established protections against discrimination based on race, religion, sex or national origin, the ADA went a step further by requiring organizations to provide “reasonable accommodations” to employees with disabilities.
You may have installed a ramp, increased the width of your door frames, or made other accommodations to ensure that your physical premises are accessible to all. The requirement for equal access used to only apply to physical locations and storefronts, but now the government is actively ensuring that the requirements for ADA accessibility include online properties such as websites and mobile apps.

These statistics are especially important when you consider the potential spending power of people with disabilities. Unfortunately, if the website isn’t accessible, then it is excluding more than 60 million Americans14. Additionally, 71 percent of customers14 with disabilities will instantly leave the site if it does not meet their accessibility needs. Another 80 percent of customers14 with disabilities have stated that they will spend more on a website that has improved accessibility features. Fortunately, if you follow Web Content Accessibility Guidelines (WCAG)7, then you can appeal to millions of individuals who want to enjoy the same online experiences as their friends, family, and neighbors. Giving them the chance is not only right, but it is also in accordance with ADA regulations.
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Before you even begin designing your website, you should consider how you will use it to your advantage upon completion. Some owners make an event out of the launch of their website to create some buzz about their brand. Others line up their best customers to give testimonials on their new site via copy or video content so they, and these customers, have something to say and share on social media.

Just as you wouldn’t trust an overweight personal trainer or a skinny chef, you should probably never trust a designer with an ugly looking website or an SEO specialist who doesn’t rank well on Google or an “internet marketer” who uses direct outreach to generate leads. And by that I mean, if someone is selling you the idea of getting traffic through Google or Pay Per Click or Social Media, but they’re using cold outreach, like, they’re direct emailing you or they’re using word of mouth to get in contact with you, they’re really not practicing what they preach.


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.
The words in the tag should be more than a description. They should provide a text equivalent of the image. In other words, the tag should include the same meaningful information that other users obtain by looking at the image. In the example of the mayor’s picture, adding an “alt” tag with the words “Photograph of Mayor Jane Smith” provides a meaningful description.
For Avanti Hotel to address the issue and make its website ADA compliant, it will cost around $3,000. However, oftentimes businesses must pay damages to the plaintiff on top of making the fix. In this particular case, the settlement is expected to be between $8,000-13,000. If the owner chooses to fight, damages plus lawyer fees could put him at more than $25,000. This is a heavy burden for a small business.
We recommend following the Web Content Accessibility Guidelines (WCAG) as best practice on your site, which is what our platform uses as the foundation for our accessibility guidelines. To see how accessible your site is according to WCAG, request a website audit using the form on this page. Your PDF report will be emailed to you within one business day, so you can start assessing the conformance of your site quickly. 

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.

Now more than ever, search engines are evolving to crawl pages with more human intention. A key element of WCAG is accessibility to screen readers, and these readers crawl your website pages similarly to search engines. If your website meets the Web Content Accessibility Guidelines, it will likely appeal to users, search engines, and screen readers alike, ultimately improving your SEO endeavors. For this reason, meta tagging, alternative image text, and video transcripts should be seriously considered.
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.
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.
The words in the tag should be more than a description. They should provide a text equivalent of the image. In other words, the tag should include the same meaningful information that other users obtain by looking at the image. In the example of the mayor’s picture, adding an “alt” tag with the words “Photograph of Mayor Jane Smith” provides a meaningful description. 
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