Your Website Looks Fine—But Is It ADA Fine Proof
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Your Website Looks Fine—But Is It ADA Fine-Proof?

Posted April 8, 2025 by Kevin Chern

“Accessibility is not a feature, it’s a social trend.”
— Antonio Santos

Picture this: a trendy coffee shop opens in a busy downtown corner. Exposed brick, Edison bulbs, free Wi-Fi the works. The front windows are spotless, the menu is on-point. But there’s just one problem: there are no ramps. No signage in braille. No automatic door openers. Customers in wheelchairs? Out of luck.

Now imagine that same oversight, but online. Your sleek, high-performing website might be your digital storefront but if it’s not accessible to people with disabilities, it’s not just a missed opportunity. It’s a lawsuit waiting to happen.

Your website might look fine but is it ADA fine-proof?

It’s a question more business owners should be asking, especially as accessibility lawsuits continue to rise, and compliance standards tighten. Let’s talk about why accessibility isn’t just the “right thing to do”—it’s also the smart thing to do.

The Legal Landscape: Why This Matters Now More Than Ever

The Americans with Disabilities Act (ADA) was signed into law in 1990 back when websites were still a futuristic concept. Yet, the courts have overwhelmingly ruled that websites are considered “places of public accommodation,” just like physical storefronts. That means your website needs to be accessible to people with disabilities, from vision impairment to motor limitations.

Fact #1: Over 4,605 ADA Title III website accessibility lawsuits were filed in federal court in 2023. That’s a 14% jump from the previous year.
(Source: UsableNet, 2024)

And that doesn’t count the thousands of demand letters sent to businesses across the country—most of which settle out of court.

The most common targets?

  • Retail and eCommerce businesses
  • Restaurants
  • Healthcare providers
  • Financial services

Sound familiar?

The “Invisible Customer” and the $13 Trillion Opportunity

Here’s what most business owners overlook: 1 in 4 adults in the United States lives with a disability. That’s over 61 million Americans. Globally, it’s more than 1 billion people.

Fact #2: The combined spending power of people with disabilities and their families is estimated at $13 trillion.
(Source: Return on Disability Group)

If your website isn’t accessible, you’re not just excluding people—you’re turning down money. Accessibility isn’t just a compliance risk; it’s a customer acquisition strategy you haven’t even tapped into yet.

Imagine locking the doors to 25% of your target market and wondering why revenue’s down. That’s what non-ADA-compliant websites are doing every day.

Case Study: Domino’s Pizza vs. Everyone Else

Back in 2019, Domino’s Pizza found itself in the digital hot seat.

A blind customer sued the company after being unable to order food on their website or mobile app using screen-reading software. The case escalated all the way to the U.S. Supreme Court, which refused to hear Domino’s appeal leaving the lower court’s ruling in favor of the plaintiff intact.

The message? Loud and clear: If your digital content isn’t accessible, you’re violating the ADA.

And that wasn’t an isolated case. Since then, businesses of all sizes from mom-and-pop stores to Fortune 500s have been hit with similar lawsuits.

What Does ADA Compliance Actually Mean for Websites?

Here’s where things get technical but hang with me, because this stuff matters.

ADA website compliance generally refers to following the Web Content Accessibility Guidelines (WCAG), which is the gold standard for digital accessibility.

The latest version, WCAG 2.2, outlines principles that boil down to four core tenets: your website must be Perceivable, Operable, Understandable, and Robust (POUR).

That translates into real-world actions like:

  • Adding alt text to images for screen readers
  • Ensuring keyboard navigability
  • Providing captions for videos
  • Using high contrast and scalable fonts
  • Avoiding auto-playing media that users can’t control
  • Structuring content with proper HTML tags

Fact #3: More than 96% of the top 1 million websites still fail to meet basic WCAG accessibility standards.
(Source: WebAIM, 2023)

So, even if your competitors look sleek and polished, they’re probably not compliant. That’s your chance to get ahead.

The Hidden Dangers of “I Didn’t Know”

Ignorance isn’t a defense under the ADA. Courts have consistently ruled that businesses are responsible for making their websites accessible regardless of intent or knowledge.

ADA fines can reach $75,000 for the first violation and up to $150,000 for subsequent ones. And that’s just the federal side. Many states, like California and New York, have their own accessibility laws with even stricter penalties.

Add to that:

  • Attorney’s fees
  • Public relations damage
  • Customer trust erosion
  • Lost traffic due to poor usability

And you’re staring down a much bigger cost than just a website redesign.

Common Accessibility Pitfalls That Get Businesses Sued

Let’s get specific. Here are some of the most common accessibility issues that show up in lawsuits:

  • Images without alt text
  • Unlabeled buttons or form fields
  • Color contrast issues that make text unreadable
  • Navigation that requires a mouse
  • CAPTCHA challenges that block screen readers
  • Pop-ups that can’t be closed without a mouse
  • PDFs that aren’t tagged or readable

Fact #4: 73% of screen reader users report difficulty with “unexpected screen changes” on websites—something as simple as a pop-up or automatic redirect.
(Source: WebAIM Survey of Screen Reader Users, 2021)

Quick Wins to Make Your Website More Accessible

If you’re now sweating a little, good. It means you care. And you’re not alone. Many business owners think accessibility upgrades will cost a fortune or require a complete website overhaul. Not always true.

Here are a few immediate action steps that create outsized impact:

  1. Run an Accessibility Audit
    Tools like WAVE, axe DevTools, or Google Lighthouse can flag issues in minutes.
  2. Add Alt Text to All Visuals
    Every image should have a descriptive tag for screen reader compatibility.
  3. Use Descriptive Links
    Avoid “click here” and instead use text that explains the link’s purpose.
  4. Ensure Keyboard Functionality
    Test your site by navigating only with the Tab key. Can you access everything?
  5. Caption and Transcribe Video Content
    Not only ADA-friendly this boosts your SEO too.
  6. Choose Accessible Color Palettes
    Use a contrast checker to ensure readability for users with vision impairments.

ADA Compliance Is a Business Development Strategy

Accessibility isn’t just a legal checkbox it’s a branding asset.

Businesses that lead with inclusion signal values that resonate with today’s consumers. They:

  • Build stronger loyalty
  • Improve SEO
  • Reduce bounce rates
  • Expand market reach
  • Mitigate risk

Fact #5: Accessible websites are 35% more likely to have better search engine rankings, thanks to clean structure, metadata, and navigability.
(Source: Search Engine Journal)

You’re not just making your site work for more people you’re making it work better for everyone.

Accessibility Shouldn’t Be Optional It Should Be Operational

The best time to build accessibility into your digital assets was during development. The second-best time is now.

Whether you’re launching a brand-new site, rebuilding your digital presence, or maintaining your current platform, accessibility should be embedded into your ongoing operations—not tacked on after the fact.

Just like data privacy, cybersecurity, and brand integrity accessibility is part of being a modern, responsible business.

Bringing It All Together

Your website may be pixel-perfect. Mobile-responsive. Lightning fast. But if it’s not accessible, it’s not complete. Worse, it could be a silent liability one lawsuit, one frustrated customer, one regulator away from disruption.

Digital accessibility is the new frontier of inclusion, legal compliance, and long-term business sustainability. It’s not a nice-to-have. It’s a must-have.

So ask yourself:
Would someone using a screen reader, voice commands, or a keyboard-only interface have the same experience as everyone else?

If the answer is no, there’s work to do.

And if the answer is “I’m not sure”th at’s your starting point.

After 30 years of building businesses while navigating some of the most complex paths to success, Kevin Chern founded Sanguine Strategic Advisors to lend his insight and experience to other serial entrepreneurs, small business owners and folks in need of a roll-up-your-sleeves innovator, deal maker and doer.

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DALL·E 2024-03-26 02.37.35 - Create a 16_9 image depicting a professional and dynamic scene where a businessman is interactively returning website search results to a user. The bu

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