Introduction
California has become a center of digital accessibility regulation, with multiple laws creating overlapping compliance requirements for businesses. The Unruh Civil Rights Act has been interpreted by courts to require website accessibility, AB 434 mandates accessibility in state government, and proposed legislation continues to expand requirements. Unlike some states with single accessibility regulations, California's patchwork of laws creates complex compliance obligations. Organizations serving California must navigate the Unruh Act, AB 434, and anticipate proposed legislation like AB 1757.
The Unruh Civil Rights Act
The Unruh Civil Rights Act, passed in 1959, predates the internet but has been successfully applied to digital accessibility by California courts. It prohibits businesses from discriminating based on disability in providing services. Official text: California Civil Code Section 51 (Unruh Act)
Applies to any "business establishment" serving the public
Interpretation expanded to include websites and digital services
Private enforcement: Individuals can sue directly
Damages: Minimum $4,000 per violation per day
Attorney fees awarded to prevailing plaintiffs
Statutory damages: $4,000 minimum per violation
Actual damages if greater than statutory amount
Calculated per day of violation
Multiple violations = cumulative damages
Attorney fees in addition to damages
AB 434: State Digital Accessibility Mandate
Assembly Bill 434, effective January 1, 2018, requires California state agencies and departments to maintain accessible websites and web applications. While AB 434 directly applies only to state agencies, it established WCAG 2.0 Level AA as the official California standard. Courts have referenced AB 434 when interpreting Unruh Act accessibility requirements. Official details: AB 434 Legislative Text
All state websites must meet WCAG 2.0 Level AA
Web applications must be accessible
PDFs and digital documents must be accessible
Applies to all state agencies and departments
Annual reporting to Legislature required
AB 1757: Proposed Broader Digital Accessibility Law
AB 1757 (currently pending or in development) proposes to expand digital accessibility requirements beyond state government to private businesses. If enacted, this would create a comprehensive California digital accessibility standard. Check the California Legislature's status: California Legislative Information Organizations should monitor this legislation as it may significantly impact compliance obligations.
WCAG 2.1 Level AA for all websites and applications
Applies to private businesses serving California
Similar scope to European Accessibility Act
Clear enforcement mechanisms
Compliance timelines with extensions for small business
Accessibility Standards: WCAG 2.0 AA
California law recognizes WCAG 2.0 Level AA as the accessibility standard for websites and digital content. Reference: WCAG 2.0 Quick Reference
4.5:1 color contrast for normal text
3:1 contrast for large text (18pt+)
Keyboard accessible navigation
Alt text for all images
Captions for video content
Proper heading hierarchy
Form labels and error messages
Screen reader compatibility
Page resizable to 200% without loss of function
Enforcement Mechanisms
Accessibility violations in California can be enforced through multiple channels:
Private lawsuits by individuals with disabilities
Attorney General enforcement
District attorneys in some counties
Direct private litigation in civil court
No government filing required
Legislative oversight
Annual reporting requirements
Budget implications for non-compliance
Minimum $4,000 statutory damages per violation per day
Higher damages if actual harm proven
Attorney fees for plaintiffs
Cumulative across multiple days
Multiple claims possible
Scope and Coverage
Unruh Act applies to any business establishment operating in California that serves the public. Unruh Act applies to any business serving California residents, even if not based in California. If your website is accessible to California users, you must comply.
Retail businesses and e-commerce
Banking and financial services
Healthcare providers and clinics
Restaurants and food services
Hotels and accommodations
Transportation and rideshare services
Entertainment and media
Any California-based or serving California residents
Litigation Trends in California
California has seen significant growth in digital accessibility litigation:
Large retailers (national chains)
Financial institutions (banks, insurance)
Healthcare providers and hospitals
Entertainment platforms and streaming services
Tech companies and software providers
Small businesses: $5,000-$25,000
Mid-sized companies: $25,000-$100,000
Large corporations: $100,000-$500,000+
Multiple settlements per company possible
Increased filings year over year
Focus on e-commerce and financial websites
Mobile app accessibility increasingly targeted
Video captioning common issue
Steps to Achieve California Compliance
Organizations serving California should implement comprehensive accessibility programs:
Audit websites against WCAG 2.0 AA
Identify critical accessibility barriers
Assess mobile app accessibility
Test with screen readers
Fix high-impact barriers (forms, checkout, navigation)
Implement alt text for images
Ensure keyboard navigation
Verify color contrast
Caption video content
Train development team on accessible coding
Update content management practices
Implement accessibility QA process
Establish feedback mechanism
Publish accessibility statement
Document remediation efforts
Maintain accessibility audit records
Record staff training
Track accessibility improvements