ADA Compliance in Arizona

ADA Compliance in Arizona

Arizona businesses must make their websites accessible to everyone, including people with disabilities, as required by the Americans with Disabilities Act (ADA). The state has specific rules to enforce website accessibility, and there are penalties for not complying. This article explains Arizona’s website ADA rules and provides advice on how to create accessible websites.

ADA Compliance in Arizona – What Does It Mean?

Being ADA-compliant means your business is following the law, avoiding potential fines, and ensuring everyone feels welcome. It’s about creating a space where people with disabilities have the same opportunities as everyone else.

Arizona businesses breaking ADA laws can face hefty penalties. The first offense could cost up to $75,000, and subsequent violations might result in $150,000 fines each.

It’s crucial to note that ADA rules apply to various entities, not just commercial businesses. Federal, state, and local agencies must also comply. The law is divided into five main sections:
  • Title I: Employment
  • Title II: Public Services
  • Title III: Public Accommodations
  • Title IV: Telecommunications
  • Title V: Miscellaneous

What are the Requirements of an ADA-Compliant Website in Arizona?

Arizona’s ADA website compliance requirements can be summarized as follows:

1. Government Oversight

The Arizona Government Information Technology Agency is responsible for overseeing website ADA compliance within the state. This agency establishes accessibility standards that all Arizona state websites must follow. These standards aim to remove digital barriers for people with disabilities.

2. Required Features

To meet accessibility standards, websites must include specific features. These features cover various areas, such as:
  • Providing alternatives for multimedia
  • Ensuring keyboard navigation
  • Offering clear text for scripts
  • Using appropriate labels for forms
  • Making graphics accessible
  • Allowing content movement on static backgrounds
  • Creating accessible PDFs and other downloadable files.

3. Limitations and Scope

This policy covers many state agencies and entities. However, not all businesses must follow ADA standards under state law. According to the Ninth Circuit, websites must comply with ADA rules only when they are directly linked to a physical location. For example, stores like Target need to follow ADA rules, but online-only services like Netflix might not.

ADA Compliance Lawsuits

Arizona has seen a rise in lawsuits related to website accessibility. One notable case involves James Close, a visually impaired individual who sued multiple Arizona businesses. Close argued that these websites violated both federal and state disability laws by being inaccessible to screen reader users. He sought changes to align the websites with specific accessibility standards and temporary closures until compliance was achieved.

How Do I Know My Business Must Comply With the ADA or WCAG Guidelines?

The legal landscape surrounding website accessibility is still unclear in many ways. However, based on Arizona court interpretations of ADA and WCAG standards, businesses with digital media must comply with ADA web accessibility in two main areas:
  • Government websites: All state and local government websites, as well as those funded by them, must be accessible to people with disabilities.
  • Business websites: Any business open to the public needs to ensure equal access to its website for all users, including those with disabilities.
This is a complex legal issue. Over the past 15-20 years, numerous lawsuits and settlements have arisen from website accessibility barriers. Website accessibility lawsuits increased by over 12% between 2021 and 2022.
It’s important to note that these numbers don’t include the thousands of demand letters sent weekly to businesses by people with disabilities about website accessibility issues. These letters often detail specific problems and may lead to legal action if certain conditions are met.

What You Should Do to Make Your Website Accessible If You Operate In Arizona?

To guarantee your website adheres to Arizona’s ADA standards, consider the following essential steps:

1. Proactive Compliance

Don’t wait for legal issues to arise. Prioritize creating a website that is accessible and inclusive for all users, including those with disabilities. By taking proactive measures, you can avoid potential legal complications and create a positive user experience.

2. Adhere to Arizona Regulations

Understand that ADA compliance requirements vary by state. For websites serving Arizona residents, strictly follow the accessibility guidelines provided by the Arizona Government Information Technology Agency. This ensures your website meets the specific legal accessibility standards in place.

3. Utilize Official Guidelines

The Arizona Government has issued a detailed accessibility model outlining the essential elements required for ADA compliance. Carefully review and implement these guidelines to create an accessible website.

4. Enhance Website Accessibility

Beyond meeting minimum requirements, consider these additional steps to improve your website’s accessibility:
  • Clear and concise language: Use plain and simple language throughout your website’s content.
  • Captioning: Provide clear captions for all audio and video content to benefit users with hearing impairments.
  • Navigational clarity: Organize website content in a logical and easy-to-follow manner.
  • Descriptive alternative text: Offer detailed alternative text for images to assist visually impaired users.
  • Color contrast: Ensure sufficient color contrast for readability, accommodating users with visual disabilities.

5. Leverage Third-Party Solutions

Explore reputable third-party accessibility services like Continual Engine to streamline the compliance process. These professionals can help identify and address accessibility issues efficiently.

6. Evaluate and Select Website Accessibility Solutions

Carefully research different third-party options, comparing features, pricing, and user reviews. Choose a website accessibility solution that aligns with your website’s specific needs and budget.

7. Address Physical Accessibility

Remember that ADA compliance extends beyond your website. Ensure your physical business location is accessible to all customers by removing physical barriers like steps, narrow entrances, and inaccessible parking. Maintain accessible pathways for people with disabilities.

8. Prioritize Accessibility

Making your website accessible is not just a legal obligation but a strategic business decision. An accessible website expands your potential customer base and enhances your brand reputation. Hence, it’s important to prioritize accessibility as a business.

Closing Thoughts

Making your website ADA-compliant is not just a legal requirement in Arizona—it’s a commitment to inclusivity. By prioritizing accessibility, you ensure that everyone, regardless of ability, can navigate and benefit from your online presence.

Make your websites ADA-compliant with CE’s AI-Driven
Accessibility Solutions.

Editors:

Debangku Sarma

Digital Marketing Associate
Continual Engine

Vijayshree Vethantham

Senior Vice-President, Growth & Strategy
Continual Engine US LLC

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