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
Several states have enacted laws that explicitly require web accessibility for government agencies and sometimes private businesses: 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 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.
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
Who Must Make Their Website Accessible?
These entities almost certainly must have accessible websites: The accessibility requirement depends on whether the entity is considered a "public accommodation" or receives federal funding: Courts are still deciding whether these need 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
Non-profit organizations (generally covered if they serve the public)
Professional associations
Online platforms and marketplaces
Social media companies (unclear, but increasingly being challenged)
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
If a website is inaccessible, you generally 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
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
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. 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. 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. 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
Document Your Accessibility Barriers
Know your rights better with concrete evidence. Get a free WCAG accessibility scan to identify specific barriers on any website.