
Introduction
Website accessibility lawsuits have more than doubled in five years, jumping from 2,250 federal cases in 2018 to over 4,600 in 2023. With the Department of Justice's new Title II web accessibility rule setting an April 24, 2026 deadline for government websites, the pressure on all website owners to comply with ADA requirements has never been higher. This comprehensive guide covers everything you need to know about ADA website compliance in 2026.
Whether you're a small business owner in Auburn, Indiana, a government agency preparing for the deadline, or a web developer building sites for clients, understanding ADA compliance isn't optional anymore—it's essential. In this guide, you'll learn what ADA compliance means, who must comply, what the consequences of non-compliance look like, and exactly how to make your website accessible.
What is ADA Website Compliance?
ADA website compliance means ensuring your website meets the accessibility standards required by the Americans with Disabilities Act (ADA), so that people with disabilities can access and use your digital content equally. This includes users who are blind, deaf, have motor impairments, cognitive disabilities, or other conditions that require assistive technologies to browse the web.
The Americans with Disabilities Act, signed into law in 1990, is a federal civil rights law prohibiting discrimination against people with disabilities. While the original law focused on physical spaces—ramps, elevators, accessible restrooms—courts and the Department of Justice have consistently interpreted the ADA to apply to websites as "places of public accommodation."

The technical standard for web accessibility is the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. This is the benchmark that the DOJ, courts, and accessibility experts use to determine whether a website is ADA compliant. WCAG defines specific, testable criteria across four principles: Perceivable, Operable, Understandable, and Robust (POUR).
The April 2026 Deadline Explained
The U.S. Department of Justice issued a new ADA Title II web accessibility rule that establishes clear deadlines for state and local government websites to become accessible. April 24, 2026 is the compliance deadline for government entities serving populations of 50,000 or more. Smaller state and local governments have until April 26, 2027.

While this rule technically applies to government entities (Title II), it signals a major shift in ADA web enforcement. Legal experts expect:
- Increased enforcement against private businesses (Title III)
- More lawsuit activity as the government deadline creates awareness
- Clearer legal standards that courts will reference in private cases
- Potential future rules specifically targeting private sector websites
The message is clear: whether you're a government agency or a private business, the era of ambiguity around web accessibility is ending. If your website isn't accessible by 2026, you're at increasing legal and financial risk.
Who Must Comply?
ADA compliance requirements fall under different "Titles" of the law, each covering different types of organizations. Understanding which applies to you is crucial for knowing your legal obligations.
Title II: State and Local Governments
All state and local government entities must make their websites and mobile apps accessible. This includes:
- City and county government websites
- Public schools and universities
- Public libraries
- Public transit authorities
- Courts and law enforcement agencies
- Parks and recreation departments
Title III: Places of Public Accommodation
Private businesses that are open to the public must also comply. Courts have consistently ruled that websites are extensions of physical places of public accommodation. This includes:
- Retail stores and e-commerce websites
- Restaurants and food service businesses
- Hotels and hospitality businesses
- Healthcare providers and hospitals
- Banks and financial services
- Entertainment venues
- Professional service providers (lawyers, accountants, etc.)
Title I: Employers
Employers with 15 or more employees must provide reasonable accommodations, which includes accessible job application websites, employee portals, and internal tools.
Important Note for Small Businesses
Even if you're a small business with fewer than 15 employees, you can still be sued under Title III if you operate a place of public accommodation. The 15-employee threshold only applies to employment discrimination (Title I).
The Lawsuit Explosion: By the Numbers
ADA website accessibility lawsuits have exploded over the past several years. The numbers paint a stark picture of the legal landscape businesses face today.

Federal Lawsuit Statistics
- 2018: 2,250 federal ADA website lawsuits
- 2023: 4,605 federal lawsuits (more than doubled)
- First half of 2025: 2,014 lawsuits (37% year-over-year increase)
Industries Hit Hardest
According to accessibility research firms, the industries facing the most lawsuits include:
- Restaurants and food service - Leading target sector
- Retail and e-commerce - High-volume online businesses
- Consumer goods and services - Broad category of consumer-facing companies
- Entertainment and leisure - Including ticketing websites
- Healthcare - Patient portals and medical information sites
The Demand Letter Problem
The lawsuit numbers only tell part of the story. Industry reports indicate that demand letters outnumber actual lawsuits many times over. These pre-litigation letters threaten legal action unless businesses pay settlements, often ranging from $5,000 to $25,000 to make the case go away—regardless of whether the claims have merit.
Who's Enforcing and Who's Suing?
The ADA is enforced through multiple channels, including federal agencies and private lawsuits. Understanding who can take action against you helps clarify the risk landscape.
Federal Enforcement Agencies
- Department of Justice (DOJ): Enforces Title II (government) and Title III (public accommodations). Can investigate, negotiate settlements, and file lawsuits.
- Equal Employment Opportunity Commission (EEOC): Handles Title I employment discrimination. Can investigate complaints and sue employers.
- Department of Transportation (DOT): Handles accessibility for transportation services.
- Federal Communications Commission (FCC): Handles telecommunications accessibility.
Private Lawsuits
The majority of ADA website lawsuits come from private individuals, not government agencies. Key characteristics include:
- "Tester" plaintiffs: A small number of individuals file a disproportionate number of cases. These serial plaintiffs visit websites specifically to identify accessibility barriers and file lawsuits.
- Plaintiff law firms: Specialized law firms have built practices around ADA web accessibility cases. Under the ADA, prevailing plaintiffs can recover attorney fees, creating financial incentives for litigation.
- No damages requirement: Under Title III, plaintiffs don't need to prove monetary damages—just that they encountered an accessibility barrier.
State-Level Laws
Several states have their own disability discrimination laws that add to federal ADA requirements:
- California: Unruh Civil Rights Act allows for minimum $4,000 statutory damages per violation
- New York: NY Human Rights Law with additional protections
- Florida: Florida Civil Rights Act
- Illinois: Illinois Human Rights Act
Businesses operating in these states may face both federal ADA claims and state-law claims in the same lawsuit, increasing potential liability.
Consequences of Non-Compliance
The consequences of failing to make your website ADA compliant extend beyond just legal fees. Understanding the full scope of potential impacts helps illustrate why compliance should be a priority.
Legal and Financial Consequences
- Settlement payments: Typically $5,000-$75,000+ depending on case complexity
- Attorney fees: You pay the plaintiff's attorney fees if they prevail, plus your own legal defense costs
- Remediation costs: You'll still need to fix the accessibility issues on top of settlement payments
- Civil penalties: In government enforcement actions, penalties can reach $75,000 for first violations and $150,000 for subsequent violations
- Court-ordered changes: Judges can mandate specific accessibility fixes with deadlines
- Monitoring requirements: Some settlements include years of ongoing compliance monitoring and reporting
Business Impact
- Reputation damage: ADA lawsuits can generate negative publicity
- Lost customers: An estimated 15-20% of the population has some form of disability—inaccessible websites lose this market
- SEO penalties: Poor accessibility often correlates with poor web performance and user experience signals that hurt search rankings
- Operational disruption: Litigation and remediation consume time and resources
WCAG 2.1 AA: The Technical Standard
WCAG 2.1 Level AA is the accessibility standard that the DOJ, courts, and industry experts reference when evaluating ADA compliance. The guidelines are organized around four core principles, often called "POUR."

Perceivable
Users must be able to perceive all content, regardless of sensory abilities:
- Alt text: All images need descriptive alternative text
- Captions: Videos require synchronized captions
- Audio descriptions: Video content describing visual elements
- Color contrast: Minimum 4.5:1 ratio for normal text, 3:1 for large text
- Text resize: Content must work when text is enlarged to 200%
Operable
Users must be able to navigate and interact with all functionality:
- Keyboard access: All functions must work with keyboard only
- No keyboard traps: Users must be able to navigate away from any element
- Timing: Users can extend time limits when needed
- Seizure safety: No content flashes more than 3 times per second
- Skip navigation: Allow users to skip repetitive content
- Focus visible: Keyboard focus must be visually apparent
Understandable
Content and interface must be understandable:
- Language: Page language must be programmatically identified
- Predictable: Navigation and functionality work consistently
- Error prevention: Help users avoid and correct mistakes
- Labels and instructions: Form inputs are clearly labeled
Robust
Content must work reliably with assistive technologies:
- Valid code: HTML follows proper standards
- Name, role, value: Custom UI components expose proper accessibility information
- Status messages: Screen readers can announce dynamic content changes
How to Make Your Website ADA Compliant
Making your website ADA compliant requires a systematic approach. Here's a step-by-step process that we use at Button Block when conducting accessibility audits and remediation for our web development clients.
Step 1: Conduct an Accessibility Audit
Start by identifying existing accessibility barriers on your website:
- Run automated scanning tools (WAVE, axe, Lighthouse)
- Manually test keyboard navigation
- Test with screen readers (NVDA, VoiceOver, JAWS)
- Review color contrast throughout the site
- Check forms, buttons, and interactive elements
- Review multimedia content for captions and descriptions
Step 2: Prioritize Issues
Not all accessibility issues are equal. Prioritize based on:
- Severity: Does it completely block access, or just make things harder?
- Frequency: Is it on every page or just a few?
- User impact: How many users are affected?
- Effort to fix: Some fixes are quick; others require development work
Step 3: Implement Fixes
Address issues systematically, starting with high-impact, low-effort fixes:
- Add alt text to all images
- Fix heading hierarchy (H1, H2, H3 in order)
- Add form labels and error messages
- Ensure keyboard focus is visible
- Fix color contrast issues
- Add skip navigation links
- Caption videos and add transcripts
Step 4: Test Again
After implementing fixes, re-test to verify:
- Automated scans show reduced errors
- Manual testing confirms fixes work
- Screen reader testing validates improvements
- Fixes haven't introduced new issues
Step 5: Establish Ongoing Processes
Accessibility isn't a one-time project—it requires ongoing attention:
- Train content creators on accessibility best practices
- Include accessibility checks in your QA process
- Audit new features before launch
- Regularly re-scan the entire site
- Consider publishing an accessibility statement
Common Accessibility Issues to Fix
The WebAIM Million report analyzes the top 1 million websites annually for accessibility issues. Here are the most common problems and how to fix them:

1. Missing Alternative Text (55% of pages)
Problem: Images without alt attributes leave screen reader users with no information about visual content.
Fix: Add descriptive alt text to all meaningful images. Use empty alt="" for purely decorative images.
2. Low Color Contrast (83% of pages)
Problem: Text that doesn't have sufficient contrast against its background is difficult to read for users with low vision.
Fix: Ensure 4.5:1 contrast ratio for normal text, 3:1 for large text. Use contrast checking tools.
3. Empty Links (48% of pages)
Problem: Links without text content (like icon-only links) leave screen reader users confused about where links lead.
Fix: Add text labels to all links. Use aria-label for icon-only links.
4. Missing Form Labels (46% of pages)
Problem: Form inputs without programmatically associated labels prevent screen reader users from knowing what information to enter.
Fix: Use <label> elements with "for" attributes matching input IDs, or wrap inputs with labels.
5. Empty Buttons (26% of pages)
Problem: Buttons without text (icon-only buttons) don't communicate their purpose to assistive technology users.
Fix: Add text content or aria-label to all buttons.
6. Missing Document Language (17% of pages)
Problem: Without a declared language, screen readers may use the wrong pronunciation rules.
Fix: Add lang="en" (or appropriate language code) to the <html> element.
Tools for Testing Accessibility
A combination of automated tools and manual testing provides the most comprehensive accessibility evaluation. Here are the tools we recommend:

Automated Testing Tools
- WAVE: Free browser extension that provides visual feedback about accessibility issues directly on your page
- axe DevTools: Browser extension from Deque, considered one of the most accurate automated scanners
- Google Lighthouse: Built into Chrome DevTools, includes accessibility auditing alongside performance and SEO
- Pa11y: Command-line tool for automated accessibility testing, useful for CI/CD integration
Manual Testing Methods
- Keyboard testing: Navigate your entire site using only Tab, Enter, and arrow keys
- Screen reader testing: Test with NVDA (Windows, free), VoiceOver (Mac, built-in), or JAWS (Windows, paid)
- Zoom testing: Increase browser zoom to 200% and verify content remains usable
- Color blindness simulation: Use tools like Chrome's "Rendering" panel to simulate various types of color blindness
Contrast Checking Tools
- WebAIM Contrast Checker: Enter foreground and background colors to check compliance
- Color Contrast Analyzer: Desktop application for checking contrast ratios
Pro Tip: Automated Tools Only Catch ~30% of Issues
Automated testing is a great starting point, but it can't catch everything. Issues like confusing navigation, unclear content, or poor focus order require human judgment. Always combine automated scans with manual testing.
Is Your Website ADA Compliant?
Don't wait until April 2026 to find out. Our team can audit your website for accessibility issues and implement fixes before the deadline—or the lawsuits—hit.
Get an Accessibility AuditFrequently Asked Questions
Sources
- ADA.gov: Official Information and Technical Assistance on the Americans with Disabilities Act
- W3C: How to Meet WCAG 2.1 (Quick Reference)
- WebAIM: The WebAIM Million - Annual Accessibility Analysis
- UsableNet: Digital Accessibility Lawsuit Reports
- Department of Justice: Disability Rights Section
- Domino's Pizza v. Robles - Landmark ADA Website Case
Conclusion
ADA website compliance is no longer optional or ambiguous. With the DOJ's April 2026 deadline approaching for government websites, lawsuit numbers continuing to rise, and legal precedent firmly established, every website owner needs to take accessibility seriously.
The good news is that making your website accessible doesn't have to be overwhelming. Start with an audit, prioritize the most impactful fixes, and build accessibility into your ongoing processes. Not only will you reduce legal risk, but you'll also create a better experience for all users—including the 15-20% of the population living with disabilities.
At Button Block, we help businesses across Northeast Indiana and beyond build and maintain accessible websites. Whether you need a comprehensive accessibility audit, remediation of existing issues, or want to build a new site with accessibility baked in from the start, we're here to help.
Don't wait for a lawsuit or a deadline to force action. Contact us today to discuss your website's accessibility needs.
