How California’s New Bill and DOJ Regulations Could Impact Your Community

On June 12th, a new California Assembly bill on website accessibility was introduced that could open the door for lawsuits against businesses and website developers.

Known as AB 1757, the landmark bill would effectively make it mandatory for websites and mobile apps to comply with the Unruh Civil Rights Act.

Anyone in California with a website or app that isn’t ADA compliant could be impacted and potentially face legal action, but what does this mean for your community?

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What is WCAG 2.1 Level AA?

WCAG (Web Content Accessibility Guidelines) was developed by the World Wide Web Consortium to help set technical standards for website accessibility.

There are three different paths to WCAG:

• A = The minimum standard for websites that allows users with disabilities to use and understand the site
• AA = Considered reasonably accessible to most users and the standard for conformance.
• AAA = A strict standard for websites that passes every A and AA guideline. However, AAA is very difficult, if not impossible to obtain, and isn’t the industry standard or recommendation.

The goal of this new bill is for websites and apps to adhere to AA levels. You can get the full rundown of WCAG here.

So Is AB 1757 Just an Issue in California?

So far, yes.

Under the Unruh Civil Rights Act, WCAG 2.1 Level AA is currently the recommended standard for the website and mobile apps of any business establishment across the United States.

But if this new bill goes through in California, the standard will become the state’s legal reality and may lay the foundation for other states to follow.

AB 1757 would also give anyone with disabilities the unprecedented right to sue third-party developers that create non-compliant websites and mobile apps.

There are some caveats here.

The bill allows plaintiffs to recover damages if the "website fails to provide equally effective communication or facilitate full and equal enjoyment of the entity’s goods and services to all members of the public," and the plaintiff:

1) Personally encountered a barrier to equal access.

2) Was deterred from accessing all or part of the website or the content of the website due to the website’s inaccessibility.

Regardless, the bill expands the legal liability for California businesses that don’t comply with WCAG standards.

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Wait, Should I Start Panicking?

The bill still hasn't been approved yet, but even if it is, having an inaccessible website doesn’t mean you intentionally discriminated, and the plaintiff must show intent.

The Americans with Disabilities Act (ADA) also doesn't currently mandate your website is legally compliant with WCAG 2.1 AA.

But the ADA does mandate businesses provide any necessary aids to ensure "effective communication" for anyone with disabilities who wants to access your goods and services.

For example, restaurants are required to provide a menu that blind customers can read.

The restaurant doesn't necessarily have to provide a braille menu, but it must have an employee willing to read the menu aloud to anyone with a disability who requires it.

👉 The ADA is trying to make sure businesses take every possible step to allow people with disabilities to enjoy the same products and services as those without disabilities

It makes sense that this would trickle down to your community website, even if it could prove challenging to get it up to legal standards.

So What’s Next?

Right now, it sounds like the bill needs some more work.

Currently, there's nothing in the bill about transition time for businesses to get their websites updated.

It's also seems inevitable that small businesses will just take down their websites and drive down revenue and sales taxes in the process.

👉 AB 1757 is presently in the Senate Judiciary Committee, and it returns to the Assembly for any changes or amendments by September 14th before landing on Governor Newsom’s desk for approval.

Tip 💡: If the bill goes through and you live in California, you should anticipate an increase in web development fees to make your community website more accessible and conform to WCAG 2.1 AA standards.

How Can I Make My Community Website More Accessible Right Now?

There is some good news here. An accessible website can improve your SEO, attract more visitors, lower your bounce rate, and make your online presence and lead generation more competitive.

The DOJ already released guidance about website accessibility back in 2022 about providing a non-discriminatory and effective community and to reference WCAG as guidance.

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There are straightforward changes you can make now that align with the DOJ’s guidance on website accessibility.

• Improve color contrast for people with limited vision or color blindness to make reading your content easier.
• Avoid using color to convey information (for example, someone who is color blind won't know what color is meant to convey specific information in a required form).
• Lack of alt text (text alternatives) on images. Adding alt texts helps people who are blind understand the purpose of an image or graphic.
• Use captions on any videos.
• Limit or give alternatives to mouse-only navigation. People with disabilities may not be able to use a mouse or trackpad and need to be able to navigate your site with a keyboard.

Services like AccessiBe also offer web accessibility solutions for WCAG and ADA compliance.

Tip 💡: Even if AB 1757 doesn’t pass, making your website more accessible is just good business practice and makes your community more inclusive.

… and keep in mind that accessible websites are already legally required in some situations, such as government-provided services.

Title II of the ADA currently requires website accessibility when applying for an:

✅ Absentee ballot

✅ Paying parking tickets

✅ Filing a police report

✅ Filing tax documents

✅ Registering for public school

✅ Applying for state benefits

… and more.

Have you visited a government website lately?

You’ll know they aren’t exactly known for their sophistication and user-friendliness.

Did you work with a website designer or use a website template to build out a Wix or Wordpress site?

They probably already embody a user-friendly experience, which includes easy to read fonts and contrasting colors.

If you live in California and are worried, chances are high your website is already on its way to being ADA accessible.

But if this bill passes, your website will need some tweaks and diligence to get it up to the new legal standard.

Truth 💣: It’s wise not to get complacent on this issue and work towards a more accessible web presence, but it also shouldn’t derail your vision for growth and building an in-demand community.

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