Your Rights as a Person with Disabilities: Understanding Web Accessibility Protections

If you use the internet with assistive technology—a screen reader, keyboard navigation, magnification software, or other access tools—you've likely encountered barriers that prevent you from using websites. Broken alt text, keyboard traps, poor color contrast, and inaccessible forms are more than inconveniences. They are discrimination.

But what legal protection do you actually have? The answer depends on where you live, what type of website you're trying to access, and who operates it. This guide explains your rights as a person with disabilities seeking equal access to the web.

ADA Title III: The Foundation of Web Accessibility Rights

The Americans with Disabilities Act (ADA) is the primary federal law protecting your right to equal access. Title III specifically addresses public accommodations—businesses and organizations that serve the public. For over 30 years, courts have increasingly recognized that websites operated by public accommodations must be accessible.

Title III applies to businesses like retailers, restaurants, banks, hotels, transportation services, and healthcare providers. If these organizations have websites, those sites must be accessible to people with disabilities. The standard generally accepted for accessibility compliance is WCAG 2.1, published by the World Wide Web Consortium (W3C).

However, there's no federal agency that enforces web accessibility under Title III. There's no website inspector checking for keyboard navigation or alt text. The responsibility falls on you—people with disabilities—to identify barriers and assert your rights.

State and Local Accessibility Laws

States with Specific Web Accessibility Requirements

Several states have enacted laws that explicitly require web accessibility for government agencies and sometimes private businesses:

• California: Generally recognized as having strong accessibility protections through court precedent and consumer protection laws
• New York: Has specific accessibility requirements for websites, particularly through its Human Rights Law
• Massachusetts: Known for web accessibility standards, particularly 504 regulations affecting state contractors
• Colorado, Illinois, Vermont, and Washington: Have enacted or proposed specific web accessibility standards

If you live in a state without explicit web accessibility laws, you may still have protections under state disability rights laws, consumer protection statutes, or state interpretations of the ADA.

Government Websites vs. Private Businesses

Government websites are subject to even stricter requirements. Federal, state, and local government sites must comply with Section 508 of the Rehabilitation Act, which typically requires WCAG 2.1 Level AA compliance or higher. Many states have adopted similar standards for state government websites.

Private businesses have more flexibility in how they demonstrate accessibility, but must still provide equal access to people with disabilities under Title III of the ADA.

Who Must Make Their Website Accessible?

Clearly Covered (Business Websites)

These entities almost certainly must have accessible websites:

• Retail businesses (online stores, local shops with websites)
• Banks and financial institutions
• Hospitals and healthcare providers
• Transportation services
• Hotels and vacation rentals
• Insurance companies
• Real estate agents and brokers
• Educational institutions accepting federal funding

Sometimes Covered (It Depends)

The accessibility requirement depends on whether the entity is considered a "public accommodation" or receives federal funding:

• Non-profit organizations (generally covered if they serve the public)
• Professional associations
• Online platforms and marketplaces
• Social media companies (unclear, but increasingly being challenged)

Less Clear (Evolving Law)

Courts are still deciding whether these need accessible websites:

• Purely informational websites (not transactional)
• Small businesses (though size is not a legal exemption)
• Online-only businesses with no physical location
• Third-party platforms (responsibility unclear)

What This Means for You in Practice

You Have the Right To:

• Access a website using keyboard navigation if you cannot use a mouse
• Use screen reader software to understand website content
• Adjust text size and color contrast without breaking the site
• Access all functionality available to non-disabled users
• Get alternative formats (e.g., transcripts for videos, descriptions for images)
• Navigate and use forms without barriers
• Receive equivalent access to services offered online

You Have the Right To Complaint and Remedy

If a website is inaccessible, you generally have the right to:

• Contact the website owner and request accessible alternatives
• File a complaint with federal agencies (for government sites)
• File a complaint with state human rights agencies
• Pursue legal action to enforce your rights and seek remedies
• Work with advocacy organizations and attorneys

Important Limitations and Gaps

The Enforcement Problem

While your rights are real, enforcement is complicated. The Department of Justice can investigate Title III complaints, but does not have robust resources for web accessibility enforcement. This means the burden falls primarily on individuals with disabilities to identify barriers and pursue remedies.

Geographic Variation

Your specific rights depend significantly on where the website operator is located, where you live, and whether you're dealing with a state or federal matter. What's considered a violation in California may be treated differently in another state.

Evolving Standards

Courts continue to develop web accessibility law. What constitutes adequate accessibility compliance is still being litigated. Technical standards are also evolving—WCAG 2.1 Level AA is widely recognized, but courts haven't uniformly mandated this standard.

No Private Right of Action for Section 508

Section 508 (the law governing federal websites) does not give you a direct right to sue. You must file a complaint through administrative channels.

If You Encounter Inaccessible Websites

Your response options depend on your situation and goals:

• Document the barrier thoroughly (see our guide on documenting accessibility issues)
• Contact the website owner and explain the issue
• Give them a reasonable opportunity to remedy the problem
• If they refuse or fail to respond, consult with an accessibility attorney or advocacy organization
• Report to relevant agencies (state human rights commissions, DOJ)
• Consider legal action as an option, though be aware this requires resources