01What the law and DOJ say
The Department of Justice's guidance on web accessibility, published in March 2022, states that the ADA's requirements apply to all the goods, services, privileges or activities offered by public accommodations, including those offered on the web. It does not set a detailed technical rule for private businesses, but it says existing standards provide helpful guidance and names the Web Content Accessibility Guidelines and the federal Section 508 standards.
In 2024, DOJ published a separate rule setting WCAG 2.1 Level AA as the technical standard for state and local government websites. That rule does not cover private businesses, but it shows which standard regulators have in mind.
02The practical risk for small businesses
Accessibility lawsuits and demand letters frequently target small businesses, sometimes after an automated scan finds errors. Hacker News discussions describe demand letters asking for tens of thousands of dollars; one business owner reported winning a $75,000 claim without settling, but spending about $15,000 on legal fees to do it. Fixing a site first is far cheaper than defending one.
03The fixes that matter most
| Problem | Who it affects | Fix |
|---|---|---|
| Images without alt text | Screen reader users | Describe meaningful images; mark decorative ones empty |
| Low-contrast text | Low-vision users, everyone in sunlight | At least 4.5:1 for body text |
| Can't use with a keyboard | Keyboard and switch users | Every link, button and form reachable and visible on focus |
| Unlabeled form fields | Screen reader users | Visible labels tied to inputs |
| Missing headings structure | Screen reader navigation | One h1, logical h2 and h3 |
| Videos without captions | Deaf and hard-of-hearing users | Captions and transcripts |
04How to check your site
- 1Run a free checkerTools like WAVE flag common issues such as missing alt text and contrast errors.
- 2Test with a keyboardTab through every page; can you reach and use everything, and see where you are?
- 3Check contrastUse the contrast checker for text and buttons.
- 4Try a screen reader brieflyVoiceOver or NVDA on your homepage and contact form.
- 5Follow W3C's quick checksThe W3C's easy checks cover the basics.
05Third-party tools are part of your site
Booking widgets, chat tools, embedded maps, payment forms and cookie banners are part of what visitors experience, even if someone else built them. Many are not fully accessible, and a claim can cite them. Before adding a tool, check whether its vendor publishes accessibility information, test it with a keyboard, and prefer options that work without trapping focus or hiding content from screen readers.
06Overlays and widgets
Accessibility overlay widgets that promise instant compliance with one line of code are widely criticized by accessibility experts and do not fix underlying problems in the site's code. They are not a substitute for an accessible site. Fixing the issues in the site itself is the reliable approach.
Accessible sites are also better for everyone: clearer contrast, readable type and logical structure help all visitors and search engines. Common website design mistakes covers several of the same issues from a design angle.
What people who tried it say
Hacker News discussions describe a wave of accessibility demand letters aimed at small businesses, debate whether they serve disabled users or lawyers, and agree that fixing basic issues such as alt text and labels is far cheaper than litigation.
- Got sued for $75k over an ADA website claim. Didn't give in. Didn't settle. WonHacker News
A business owner won an ADA website claim without settling but reportedly spent about $15,000 in legal fees; commenters debate predatory litigation and note the basic accessibility issues cited.
- Ask HN: How do I make a website in 2023 and not get sued?Hacker News
Accessibility comes up as one of the main legal risks for small sites, alongside privacy and cookies.
Looking for more first-hand opinions? Search Reddit for “does a small business website need to be ada compliant”. We link the live threads rather than summarizing them, so you read them in full.
Our take
build accessibility in from the start and the legal question mostly answers itself. Alt text, contrast, labels and keyboard access cost almost nothing during a build and a lot afterwards.
Where this falls short
This is general information, not legal advice. Courts have differed on how the ADA applies to websites, especially for businesses without physical locations, and state laws can add requirements. Consult a lawyer if you receive a demand letter.
Orlume checks contrast during its design pass and generates semantic headings and labeled forms in the Next.js code it builds, which covers many of the basics from the start.
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Sources
- 1.Guidance on web accessibility and the ADA · US Department of Justice
- 2.WCAG overview · W3C
- 3.Easy checks: a first review of web accessibility · W3C
- 4.WAVE web accessibility evaluation tool · WebAIM
Researched and written by the Orlume team · Updated October 2026
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