What Are State Accessibility Laws?
A simple guide for small business owners to understand state rules for website accessibility.
1. What Are State Accessibility Laws?
State accessibility laws are rules set by individual U.S. states to make sure people with disabilities can use websites, apps, and other digital tools. They often build on federal laws like the Americans with Disabilities Act (ADA) or Section 508, but some states add their own twists to protect residents or set standards for businesses and government agencies.
Think of them as local traffic laws—each state has its own speed limits, even if the federal government sets basic road rules.
2. Do These Laws Apply to My Business?
It depends! Most state accessibility laws focus on government websites or state-funded programs, not private businesses—unless you’re selling to state agencies or breaking a state civil rights law. But here’s the kicker: some states tie their rules to the ADA, which does apply to your business if you serve the public.
Real-World Example: If you run a bookstore in California and your website isn’t accessible, you could face a lawsuit under the state’s Unruh Act—not just the ADA—costing you at least $4,000 per violation.
3. Examples of State Accessibility Laws
Here’s a look at what some states are doing:
- California (Unruh Civil Rights Act): This law says businesses can’t discriminate against people with disabilities—including online. If your site isn’t usable by a blind customer, you’re breaking this law, and fines start at $4,000.
- Colorado (HB 21-1110): State and local government websites must meet WCAG 2.1 AA standards by July 2024. If you’re a vendor selling to Colorado agencies, they’ll expect your site to comply, too.
- New York (State Policy): New York requires state agency websites to follow WCAG 2.1 AA. Private businesses aren’t directly forced to, but courts often see websites as “public accommodations” under state law.
- Missouri (RSMo. 191.863): State agencies must use accessible tech. If you supply software to Missouri’s government, it better work for everyone.
Real-World Example: A Colorado coffee shop selling gift cards to a local library had to update its website because the library demanded WCAG compliance to keep the contract.
4. How Are They Different from Federal Laws?
Federal laws like the ADA apply everywhere and focus on equal access for all public-facing businesses. Section 508 is just for federal agencies and their vendors. State laws can be stricter or broader:
- Stricter Penalties: California’s Unruh Act adds cash fines the ADA doesn’t.
- Specific Targets: Colorado’s law zeros in on government sites, not your bakery’s homepage—unless you’re a supplier.
5. Why Should You Care?
Even if a state law doesn’t directly hit your business, it can still matter. Lawsuits are rising—over 2,000 ADA-related web cases hit courts in 2022 alone. State laws can pile on extra penalties or push you to meet higher standards if you work with local governments. Plus, an accessible site reaches more customers—1 in 4 Americans have a disability!
Real-World Example: A New York florist got sued under state law because a deaf customer couldn’t use their online chat without captions. They paid legal fees and had to fix the site.
6. Common Pitfalls to Avoid
State laws often flag the same issues as federal ones. Watch out for:
- No alt text: Pictures without descriptions block blind users.
- Mouse-only sites: If you can’t navigate with a keyboard, you’re excluding some customers.
- Video issues: No captions? Deaf users miss out.
7. How to Stay Safe
You don’t need a law degree to get started. Try these:
- Test your site: Use free tools like WAVE (webaim.org) to spot problems.
- Fix basics: Add image descriptions, test with a keyboard, and caption videos.
- Ask an expert: A web designer can align your site with WCAG (the standard most states reference).
Real-World Example: A Missouri craft store added captions to their tutorial videos to bid on a state contract—and won it over a competitor who didn’t.
8. The Upside of Accessibility
Following state laws (or just aiming for accessibility) isn’t just about avoiding trouble. It’s smart business. You’ll tap into more customers, boost your reputation, and maybe even rank higher on Google, which loves accessible sites.
Real-World Example: A California gym made their class schedule screen-reader-friendly and saw sign-ups from visually impaired clients they’d never reached before.
9. Questions?
Worried about your state’s rules? Contact us at [email protected]—we’ll help you figure out what applies to you!