If you’ve been putting off website accessibility because you figured, “I’m a small business. Nobody is going to come after me with a lawsuit,” we have some news for you. That may not be a strategy you want to rely on.
Website accessibility has become a much bigger issue for businesses of all sizes. Government agencies are paying attention. Customers are paying attention. Disability advocates are paying attention. And yes, attorneys are paying attention, too. In some parts of the country, businesses have faced lawsuits alleging that their websites prevent people with disabilities from accessing their goods and services.
California, in particular, has seen significant website accessibility litigation. And the European Union has implemented accessibility requirements that apply to certain products and services, including e-commerce.
So if your business website isn’t accessible, the question isn’t simply, “Will someone notice?” The better question is, “What happens if someone does?”
Website Accessibility Isn’t Just a Big-Business Problem
One of the biggest misconceptions we hear about website accessibility is that it’s something only large corporations need to worry about. Unfortunately, that’s not how accessibility laws and litigation work.
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities by businesses open to the public. The U.S. Department of Justice has stated that businesses covered by Title III need to make their online goods, services, and activities accessible to people with disabilities. And here’s the important part for small businesses: The size of your marketing department doesn’t determine whether accessibility matters.
You don’t need to have 500 employees. You don’t need to be a Fortune 500 company. You don’t need to have a massive e-commerce website. If your website is an important way customers learn about your business, interact with you, make purchases, schedule appointments, fill out forms, or access your services, accessibility deserves attention.
California Has Become a Major Hotspot for Accessibility Litigation
Let’s talk about California. California has its own disability-rights protections, including the Unruh Civil Rights Act, which requires business establishments to provide people with full and equal accommodations, advantages, facilities, privileges, and services. California’s Civil Rights Department specifically addresses website accessibility in its guidance.
According to the agency, courts have interpreted the Unruh Act’s accessibility provisions to apply to websites associated with businesses that have physical locations. The agency gives the example of a restaurant whose website needs to be compatible with screen-reading software so customers who are blind can access it. That distinction matters.
California’s rules and court decisions are not as simple as saying, “every website in California must meet WCAG.” Courts have reached different conclusions regarding online-only businesses, and the legal analysis can depend on the circumstances. But there is no question that website accessibility litigation has become a significant issue in California. And small businesses can be part of that landscape.
Yes, Attorneys and Repeat Plaintiffs are Filing Accessibility Cases
This is where the conversation gets a little uncomfortable for business owners. There have been documented waves of website accessibility lawsuits involving repeat plaintiffs and law firms that file large numbers of cases.
A 2025 legal alert from Barclay Damon, for example, described several plaintiffs who had collectively filed hundreds of website accessibility lawsuits, many against small businesses. The complaints generally alleged that websites were inaccessible to people who use screen-reading technology.
A 2026 report from the same firm described another group of plaintiffs who had collectively filed more than 100 website accessibility lawsuits. Other legal sources tracking California litigation have also documented law firms and plaintiffs repeatedly pursuing accessibility claims against businesses.
So when we say, “don’t assume your business is too small to be noticed,” we’re not trying to scare you with a hypothetical. There is a real history of accessibility litigation involving smaller businesses. That doesn’t mean every accessibility lawsuit is legitimate, or that every attorney pursuing these cases is acting improperly. Accessibility laws exist to protect people with disabilities, and private enforcement is one way those rights can be enforced.
It does mean that ignoring accessibility because you’re a small business isn’t necessarily a safe assumption.
California’s Potential Financial Exposure is Another Reason to Pay Attention
There’s another reason California gets so much attention in this area. The federal ADA and California law don’t operate exactly the same way.
Under Title III of the federal ADA, private plaintiffs can seek injunctive relief, meaning a court can order a business to address accessibility issues. California’s Unruh Civil Rights Act can provide additional remedies, including statutory damages. California’s Civil Rights Department currently states that remedies for Unruh Act violations can include actual damages, up to three times actual damages with a statutory minimum of $4,000, as well as attorney’s fees and costs.
California legislation and court decisions have also specifically addressed the relationship between ADA violations and Unruh Act claims. In other words, the financial consequences can be very different depending on where your business operates and what law applies.
That’s one reason business owners shouldn’t assume that an accessibility problem is simply something they’ll fix if somebody complains. By the time you receive a demand letter or lawsuit, you’re no longer talking about the cost of proactively improving a website. You’re potentially talking about legal fees, remediation, settlement negotiations, damages, and the time and stress involved in responding to a legal claim.
Europe Isn’t Sitting This One Out Either
Think this is just a California issue? Not exactly. The European Accessibility Act (EAA) took effect on June 28, 2025, and covers certain products and services, including e-commerce, banking, electronic communications, transportation services, and e-books.
There are exceptions, including an exemption for certain microenterprises providing services, so this ins’t a blanket statement that every small business in Europe must make every website accessible. But the larger trend is worth paying attention to. Accessibility requirements aren’t disappearing. They’re becoming a more established part of the digital landscape.
If your business sells to customers internationally, operates in regulated industries, or has customers in multiple jurisdictions, understanding the accessibility requirements that may apply to you becomes even more important.
“But We’re in Ohio”
Okay. That changes the legal conversation, but it doesn’t make accessibility irrelevant.
Website accessibility laws are complicated, and requirements can depend on the type of business, location services provided, and how the website is used. The ADA is federal law, which means the conversation isn’t limited to California.
The Department of Justice has stated that Title III applies to businesses open to the public and that inaccessible websites can create barriers to accessing a business’s goods and services.
The DOJ also points businesses toward established accessibility standards such as the Web Content Accessibility Guidelines (WCAG) as useful technical guidance, even though the ADA itself does not prescribe a single technical standard for every business website.
So no, we’re not telling every small business in Ohio that a lawsuit is definitely coming. We’re saying something much simpler: Don’t assume you’re exempt just because you’re small or because you aren’t located in California.
This is Why We Care About Your Colors
This brings us right back to our previous blog about website color choices. You can read that blog here – AI is Changing Marketing, but Are You Mesasuring What Actually Matters?
Remember when we told you that we’re not randomly picking a darker shade of your brand color because we just happen to like it better? This is why. Accessibility is part of the website design process.
Color contrast is one of the many accessibility considerations that can affect whether someone can comfortably read and interact with your website. The DOJ specifically identifies poor color contrast as an example of a website accessibility barrier. It also recommends sufficient contrast between text and backgrounds and explains why relying on color alone to communicate information can create problems for people with limited vision or color blindness.
So when we say, “That color won’t work well for body text.” We’re not being difficult. We’re not trying to change your branding. We’re not trying to make your website less pretty. We’re doing our job. We’re looking at your website from the perspective of the people who will actually use it.
Accessibility Goes Way Beyond Color
Here’s another important point: Changing your colors doesn’t make your website accessible. Color contrast is only one piece of the puzzle.
A accessible website may also need to consider:
- Proper heading structure
- Keyboard navigation
- Alternative text for meaningful images
- Accessible forms
- Descriptive links
- Screen-reader compatibility
- Video captions
- Focus indicators
- Readable typography
- Proper labeling of interactive elements
- Avoiding content that relies solely on color
- Logical navigation
- Accessible buttons and controls
That’s a lot. That’s exactly why you shouldn’t wait until somebody tells you there’s a problem.
Don’t Wait for the Demand Letter
Imagine this: It’s an ordinary Tuesday. You’re at work and you open a letter from an attorney you’ve never heard of. Your website has allegedly created an accessibility barrier. Now you’re trying to figure out:
Is this real?
What does it mean?
What do I have to fix?
How much is this going to cost?
Do I need an attorney?
How long has this problem existed?
Can my website developer fix it?
Suddenly, something you could have addressed proactively becomes an urgent business problem. That’s the FOMO we actually want you to have.
Not: “OMG, I need to panic!”
More like: “Maybe I should deal with this before it becomes someone else’s problem to point out.”
Your Website is Worth Protecting
Your website is more than a digital business card.
It’s often your storefront.
It’s where customers find you.
It’s where people learn what you offer.
It’s where they contact you.
It’s where they schedule appointments.
It’s where they buy things.
It’s where they decide whether they trust your business.
That means accessibility isn’t just about checking a compliance box. It’s about making sure as many people as possible can actually use the thing you spent time and money building. And yes, there can also be legal consequences when accessibility requirements apply and a business doesn’t meet them.
So, What Should a Small Business Do?
First, don’t panic.
Second, don’t assume that installing an accessibility widget magically solves everything.
Third, don’t assume that passing one automated accessibility scan means your website is legally compliant.
And fourth, start looking at accessibility as an ongoing part of website maintenance.
At Jus B Media, we can help identify accessibility considerations during the website design and development process, including things like color contrast, heading structure, links, buttons, forms and overall usability.
For questions about whether your business has a specific legal obligation, however, talk to an attorney who understands website accessibility law. We’re web designers and marketers, not lawyers, and we don’t make legal determinations about compliance. What we can do is build accessibility considerations into the website from the beginning rather than treating them like an emergency repair later.
Don’t Wait Until Accessibility Finds You
Here’s the bottom line: You don’t want your first serious conversation about website accessibility to come from an attorney. Whether you’re a small business, a growing company, and e-commerce brand, or a business serving customers across multiple states or countries, accessibility deserves a place in your website strategy.
California has demonstrated that website accessibility litigation can affect small businesses. Europe has established accessibility requirements for certain products and services. Federal agencies continue to emphasize accessible digital services. The landscape is changing. And the businesses that address accessibility proactively don’t have to scramble every time the conversation gets louder.
So if your website hasn’t been reviewed for accessibility lately, maybe it’s time. Not because we’re telling you a lawsuit is coming. Not because every business has the exact same legal requirements. And definitely not because we’re trying to scare you into a new website. We’re telling you because we’d rather help you build it right the first time than help you fix it after you’ve received a letter you really didn’t want to open.
Ready to Talk About Your Website?
If you’re wondering whether your website is making accessibility harder than it needs to be, let’s talk. At Just B Media, accessibility is part of how we approach thoughtful website design. From color contrast to structure and usability, we’re looking at more than whether your website simply looks good. Because your website should look good. It should work well. It should represent your brand. And whenever possible, it should be usable by everyone.
