Title III of the Americans with Disabilities Act (ADA):
Website Accessibility Compliance Guide

The Americans with Disabilities Act (ADA) was passed on July 26, 1990, and prohibits discrimination against people with disabilities. The Act secures equal rights across five areas: Employment (Title I), State and Local Government (Title II), Public Accommodations (Title III), Telecommunications (Title IV), and Miscellaneous Provisions (Title V).

Web accessibility for private businesses falls under Title III of the ADA. Understanding ADA Title III is vital for US public-facing websites, apps, or e-commerce.

Understanding ADA Title III

Title III of the ADA states that all places of public accommodation must secure equal access to information and services for all users, including people with disabilities. While originally meant to cover physical access barriers—like wheelchair ramps and accessible restrooms—new lawsuits and regulatory guidance have expanded the definition to include websites, mobile apps, and online-only services.

What Is a Place of Public Accommodation?

Under ADA Title III, places of public accommodation include private entities that fall into 12 categories:

• Hotels, inns, and places of lodging
• Restaurants, bars, and establishments serving food or drink
• Movie theaters, concert halls, and places of entertainment
• Auditoriums, convention centers, and places of public gathering
• Retail stores, shopping centers, and sales establishments
• Banks, insurance offices, and service establishments
• Healthcare providers, hospitals, and professional offices
• Public transportation terminals and stations
• Museums, libraries, and places of public display
• Schools, nurseries, and places of education
• Social service centers and homeless shelters
• Gyms, recreation facilities, and places of exercise

The Department of Justice (DOJ) has made clear that websites and mobile apps operated by these entities are extensions of their physical presence—meaning digital properties must also be accessible.

Commercial Facilities vs. Public Accommodations

ADA Title III also covers commercial facilities—buildings and spaces used for commercial purposes but not necessarily open to the public. While commercial facilities have different requirements (primarily around new construction and alterations), the distinction matters for understanding the full scope of Title III regulation.

Who Must Comply With ADA Title III?

Essentially, any business with a website operating in the US and serving the general public must comply with ADA Title III website accessibility requirements.

Businesses That Must Comply

All websites that fall under the category of "public accommodation"—businesses open to the general public—need to comply with Title III. This includes:

• E-commerce websites and online retailers
• Restaurant and hospitality websites with reservation systems
• Banking and financial services platforms
• Healthcare provider portals and appointment systems
• Educational institution websites
• Entertainment and ticketing platforms
• Professional service websites (law firms, accountants, consultants)

Exemptions Under Title III

Private clubs and religious organizations are generally exempt from ADA Title III requirements. However, if these entities operate facilities open to the general public (such as a church-run daycare), those public-facing operations may still need to comply.

Federal government websites are subject to different legislation: Section 508 of the Rehabilitation Act of 1973, which has its own technical standards.

The "Nexus" Question for Online-Only Businesses

A key area of ongoing legal debate involves whether online-only businesses—those without physical locations—must comply with Title III. Courts have reached different conclusions, but the trend is toward broader application. The DOJ's position is that websites of public accommodations must be accessible regardless of whether they have a physical counterpart. Until this is definitively settled by Congress or the Supreme Court, web-based businesses should treat accessibility as a legal requirement.

ADA Title II vs. Title III: What's the Difference?

Understanding the difference between ADA Title II and Title III helps organizations determine which requirements apply to them.

Title II applies to state and local government entities—public schools, city websites, public transportation agencies, and government services. In April 2024, the DOJ codified WCAG 2.1 Level AA as the formal standard for Title II entities, with compliance deadlines of April 2026 for larger governments and April 2027 for smaller ones.

Title III applies to private businesses and places of public accommodation. While WCAG 2.1 Level AA remains the benchmark used in litigation and DOJ enforcement, it has not yet been formally codified as a hard regulation for Title III. However, the overwhelming majority of lawsuits and demand letters reference WCAG 2.1 or WCAG 2.2 as the expected standard.

Website Accessibility Compliance: WCAG Standards

While the ADA does not have its own technical standards for web accessibility, the DOJ has consistently used the Web Content Accessibility Guidelines (WCAG) as its reference standard.

What Is WCAG?

WCAG is the global standard for website accessibility, developed by the World Wide Web Consortium (W3C). The guidelines provide testable success criteria organized around four core principles—Perceivable, Operable, Understandable, and Robust (POUR).

ADA Compliance Levels: A, AA, and AAA

WCAG has three conformance levels:

Level A — The minimum level of accessibility, addressing the most critical barriers. Level A compliance removes barriers that would completely prevent some users from accessing content.

Level AA — The target level for most organizations and the benchmark used in ADA litigation. Level AA addresses the most common barriers that significantly impact user experience for people with disabilities.

Level AAA — The highest level of accessibility, requiring extensive technical refinement. While aspirational, Level AAA is generally not required or expected for most websites because some criteria are impractical for certain types of content.

For ADA compliance, aspiring for WCAG 2.1 or 2.2 Level AA is considered the best option for most businesses and organizations.

What Is the Difference Between WCAG 2.1 Level AA and WCAG 2.2 Level AA?

WCAG 2.2, released in October 2023, builds on WCAG 2.1 with nine new success criteria—primarily benefiting users with cognitive disabilities and those using mobile devices. Key additions at Level AA include:

Focus Not Obscured (Minimum) — When an element receives keyboard focus, it must not be entirely hidden by other page content.

Dragging Movements — Any functionality that uses dragging must have a single-pointer alternative (important for users who cannot perform drag-and-drop).

Target Size (Minimum) — Interactive targets must be at least 24×24 CSS pixels, making touch and click targets easier to activate.

Consistent Help — If help mechanisms (like contact information or chat) are provided across multiple pages, they must appear in a consistent location.

Redundant Entry — Information previously entered by the user must be auto-populated or available for selection, reducing cognitive load.

Because WCAG 2.2 is backward compatible, compliance with WCAG 2.2 means you also meet WCAG 2.1 requirements.

How Many Websites Are Not ADA Compliant?

The state of web accessibility remains concerning. According to WebAIM's annual analysis of one million website homepages:

• 95.9% of homepages had detectable WCAG 2 failures in 2024
• The average homepage had 56.8 accessibility errors
• 83.6% had low contrast text—the most common issue
• 54.5% had missing alternative text for images
• 44.6% had missing form input labels

These statistics only reflect issues detectable through automated testing—actual accessibility problems are likely higher since automated tools catch only 30-40% of accessibility issues. Manual testing and user testing with people with disabilities are essential for comprehensive evaluation.

How the ADA Defines Disability

A common question is whether specific conditions—like tinnitus, COPD, or other health issues—are covered under the ADA. The ADA defines disability broadly as:

1. A physical or mental impairment that substantially limits one or more major life activities
2. A record of such an impairment
3. Being regarded as having such an impairment

Major life activities include seeing, hearing, walking, breathing, learning, reading, concentrating, and working—among others. This means conditions like tinnitus (affecting hearing), COPD (affecting breathing), vision impairments, cognitive disabilities, and many other conditions can qualify as disabilities under the ADA.

For web accessibility purposes, the specific diagnosis matters less than ensuring your website works for users with diverse abilities—those who cannot see, hear, use a mouse, or process certain types of content.

Requirements for ADA Website Accessibility

To comply with the ADA, there are fundamental WCAG principles you should implement on your website. These principles—known as POUR—provide the framework for accessibility:

Perceivable

Information and user interface components must be presentable in ways users can perceive. This means providing alternatives for users who cannot see, hear, or otherwise process certain types of content.

Requirements include:

• Provide text alternatives (alt text) for non-text content such as images, videos, slides, and podcasts so they can be processed by assistive technologies like screen readers
• Provide captions for pre-recorded and live audio content
• Provide audio descriptions for pre-recorded video content
• Ensure content can be presented in different ways (magnified, displayed on mobile devices) without losing information or structure
• Maintain color contrast ratios of at least 4.5:1 for normal text and 3:1 for large text
• Provide audio controls—including pause, stop, and volume—for any audio that plays automatically

Operable

User interface components and navigation must be operable by all users, regardless of how they interact with the website.

Requirements include:

• Ensure all functionality is accessible using only a keyboard—no mouse required
• Provide users enough time to read and interact with content, with options to extend or disable time limits
• Avoid content that flashes more than three times per second, which can induce seizures
• Provide clear, user-friendly navigation with descriptive headings, labels, and consistent page structure
• Ensure focus indicators are visible so keyboard users can see which element is active
• Support multiple input methods beyond just mouse clicks

Understandable

Information and operation of the user interface must be clear and understandable.

Requirements include:

• Ensure text is readable and understandable by your target users and compatible with assistive technology
• Make pages operate in predictable ways—consistent navigation, consistent identification of repeated elements
• Help users avoid and correct mistakes through clear labels, instructions, error identification, and suggestions
• Provide accessible error messages that explain what went wrong and how to fix it

Robust

Content must be robust enough to work with current and future user agents, including assistive technologies.

Requirements include:

• Use valid, well-formed HTML that assistive technologies can accurately interpret
• Ensure custom interface components have proper names, roles, and values that assistive technologies can read
• Provide status messages that assistive technologies can announce without taking focus

Mobile App Accessibility Under ADA

While this guide focuses primarily on websites, mobile apps are equally subject to ADA Title III requirements. The same POUR principles apply, with additional considerations:

• Touch targets must be large enough for users with motor impairments
• Screen reader compatibility with VoiceOver (iOS) and TalkBack (Android) is essential
• Gesture alternatives must exist for complex gestures like pinch-to-zoom or swipe
• Orientation support should allow both portrait and landscape use unless a specific orientation is essential

Organizations should audit mobile apps alongside websites to ensure comprehensive accessibility compliance.

How to Determine If a Website Is ADA Compliant

Assessing your website's accessibility requires a multi-layered approach combining automated testing, manual review, and user testing.

Step 1: Conduct an Automated Audit

Start by scanning your website with accessibility testing tools. Acquia Web Governance's Web Accessibility Module audits your entire site against WCAG 2.2, identifying machine-testable issues and providing targeted recommendations.

However, remember that automated tools detect only approximately 30-40% of accessibility issues. They can identify missing alt text or insufficient color contrast but cannot evaluate whether alt text is meaningful or whether content is truly understandable.

Step 2: Perform Manual Testing

Manual testing catches issues automation misses:

• Navigate your entire site using only a keyboard
• Test with screen readers (NVDA, VoiceOver, JAWS)
• Verify that all interactive elements have visible focus indicators
• Check that form error messages are clear and helpful
• Ensure video captions are accurate and synchronized

Step 3: Conduct User Testing

The most valuable insights come from testing with people who have disabilities. Include users with visual, auditory, motor, and cognitive disabilities in your testing process.

Step 4: Develop a Long-Term Accessibility Strategy

Accessibility is not a one-time project. Establish ongoing processes:

• Train content creators and developers on accessibility requirements
• Include accessibility checks in your content publishing workflow
• Schedule regular audits to catch new issues as content changes
• Maintain an accessibility statement declaring your commitment and providing contact information

What Happens If My Website Is Not ADA Compliant?

Failure to comply with Title III of the ADA can result in significant penalties:

Civil penalties:

• Up to $75,000 for the first violation
• Up to $150,000 for subsequent violations

Note: The DOJ periodically adjusts these amounts for inflation. Recent guidance indicates maximum penalties of $115,231 for first offenses and $230,464 for subsequent violations.

Additional costs:

• Court fees and legal expenses
• Attorney fees (plaintiffs can recover their attorney fees under the ADA)
• Cost of remediating the website for accessibility
• Reputational damage and negative publicity

Beyond financial penalties, non-compliant websites exclude potential customers—an estimated 26% of US adults have some form of disability. Accessible websites expand your audience while reducing legal risk.

ADA Website Accessibility: A Cost-Effective Investment

While achieving accessibility requires investment, it's increasingly cost-effective compared to the alternative:

• Proactive remediation is significantly cheaper than responding to lawsuits
• Accessible design often improves SEO, benefiting all users
• Inclusive experiences expand your potential customer base
• Avoiding litigation protects your brand reputation

Organizations that build accessibility into their development process from the start find it far less time-consuming than retrofitting existing sites.

How Acquia Can Help

Acquia Web Governance's Web Accessibility Module helps you make your website more accessible by auditing your entire site against WCAG 2.2 (and subsequent updates to the guidelines).

Each audit scans your site for machine-testable issues, provides detailed reports for reviewing errors, gives targeted recommendations based on the guidelines, and shows compliance status across WCAG 2.2 levels A, AA, and AAA. You can track and prove your accessibility compliance progress via reports in the History Center.

We also offer accessibility training to ensure your team is well-versed in both automated and manual remediation methods, enabling efficient and consistent improvement of your website's accessibility.

Acquia provides free tools to complement your web accessibility efforts:

• Color Contrast Checker — Test compliant color combinations for your web design
• Accessibility Statement Generator — Create a public statement declaring your commitment to web accessibility