Does My Website Have to Be ADA Compliant? What Courts Are Saying

What the law says

Title III prohibits discrimination in places of public accommodation. Courts disagree on whether websites alone are places of public accommodation. In the Ninth Circuit, the test is the nexus between the website and a physical location — a hotel's booking site or a restaurant's ordering app clearly qualifies. Federal regulations adopted in 2024 set WCAG 2.1 AA as the standard for state and local governments under Title II; no equivalent formal rule exists yet for private businesses.

What WCAG 2.1 AA requires

• Text alternatives (alt text) for images
• Full keyboard navigation without a mouse
• Sufficient color contrast between text and background
• Captions for video content
• Labeled form fields and clear error messages
• Content that works with screen readers
• Resizable text without loss of function

Hotels have extra obligations

Hotels must also meet the ADA reservations rule, which requires online booking systems to describe accessible rooms and allow guests to reserve them like any other room. An inaccessible booking engine can create two problems at once.

Are accessibility overlays enough?

Automated overlay widgets are not a reliable defense. Many lawsuits have been filed against sites using them. Real remediation means fixing the underlying code and content and testing with assistive technology.

Reducing website ADA risk

• Run an accessibility audit against WCAG 2.1 AA
• Remediate code, not just add a widget
• Publish an accessibility statement with a contact method
• Test key paths: booking, checkout, contact forms
• Require accessibility in contracts with web vendors
• Re-test after redesigns and major updates

Getting advice

Chris Sullivan advises Nevada businesses and resorts on ADA compliance, including digital accessibility and responding to website demand letters.