Why It’s Better Not to Have a Website than to Have One That Isn’t ADA Compliant

It’s Better Not to Have a Website than to Have One That Isn’t ADA Compliant!

For businesses today, having an accessible, user-friendly website is more than a matter of convenience—it's a legal and ethical necessity. A website that isn’t compliant with the Americans with Disabilities Act (ADA) not only restricts access for millions of people with disabilities but also exposes businesses to significant legal and financial risks. With ADA-related lawsuits on the rise, failing to ensure compliance could end up costing a business far more than not having a website at all. Let’s dive into the reasons why an ADA non-compliant website is more of a liability than an asset and how business owners can take responsibility for accessible web design.


The ADA requires businesses to make their services accessible to everyone, including individuals with disabilities. When websites aren’t ADA compliant, they can be subject to lawsuits and hefty fines. The penalties for non-compliance can start at $50,000 per incident, and that’s just the beginning. Lawsuits, which can result in fines of $100,000 or more, can target businesses repeatedly until accessibility issues are corrected.

Real-Life Cases of ADA Non-Compliance

Numerous high-profile companies have faced significant lawsuits and reputational damage due to ADA non-compliance:

  • Netflix: In 2012, the National Association of the Deaf sued Netflix for failing to provide adequate closed captioning on its content.
  • Winn-Dixie: In 2017, a Florida resident successfully sued the grocery chain, with the court ruling that its website’s integration with physical stores mandated ADA compliance.
  • Nike: Both Nike.com and Converse.com faced lawsuits in 2017 over accessibility issues that hindered visually impaired users.
  • Domino’s Pizza: In 2019, a blind user sued Domino’s for accessibility violations, which set a major precedent for digital accessibility.

Even celebrities like Beyoncé, whose concert ticketing website wasn’t ADA compliant, have faced similar lawsuits. For all businesses, from retail to entertainment, these cases underscore the importance of building and maintaining accessible websites.


The Financial Pitfalls of ADA Non-Compliance

Not only do ADA violations risk fines and lawsuits, but they also alienate potential customers, translating to lost revenue. Businesses may think they’re saving money by launching a quick, inexpensive site, but cutting corners on accessibility is an expensive gamble. Each lawsuit brings not only legal fees but also the costs of web redesign and lost sales.

Hidden Costs of Non-Compliance

Consider the financial impact of neglecting ADA compliance:

  1. Repeated Lawsuits: Until accessibility issues are fixed, companies are vulnerable to additional lawsuits. Each case means more fines, legal costs, and damage control.
  2. Lost Business: Approximately 26% of Americans live with a disability, representing millions of potential customers. If your website isn’t accessible, you're effectively excluding this significant market segment.
  3. Reputational Damage: Negative press and public backlash can arise from lawsuits, harming the brand image and customer trust.

Why Plugins and Overlays Aren’t a Solution

Some web developers or business owners may look to accessibility plugins or overlays as a quick fix for ADA compliance, but these tools do not make a site truly accessible. In fact, accessibility overlays often create a false sense of security, covering only about 25% of compliance requirements. They don’t correct structural issues or content, such as improper alt text or missing captions, which can only be addressed by properly coded solutions.

Problems with Accessibility Overlays

  • Limited Coverage: Most overlays only address surface-level issues, such as color contrast, while failing to address the majority of accessibility requirements.
  • Inconsistent User Experience: Overlays often rely on third-party servers, which can lead to performance issues if the server experiences downtime or latency. This affects page load speed, an important factor in both user experience and search engine rankings.
  • Security Concerns: Adding extra code from a third-party overlay can introduce vulnerabilities, making your website more susceptible to hacking.

The Business Impact: Lost Conversions and Traffic

A website that isn’t ADA compliant is likely to lose conversions due to accessibility barriers and slower load times associated with overlays. A one-second delay can result in a 4% loss in conversions, as Amazon’s studies have shown. Furthermore, Google considers page speed a ranking factor, so a slow website could lose valuable visibility in search results.

Customer Satisfaction and Brand Loyalty

When visitors with disabilities face barriers on a website, they’re likely to leave quickly, which not only leads to higher bounce rates but also sends a negative engagement signal to Google. Failing to meet accessibility standards damages a brand’s reputation, especially when customers feel excluded. An accessible website can enhance brand loyalty by making all customers feel valued and welcomed.


Taking Responsibility: Why the Business Owner Must Prioritize ADA Compliance

Ultimately, it’s the business owner’s responsibility to ensure their website is ADA compliant. While web developers can and should be responsible for implementing compliant code, business owners are the ones liable for legal repercussions. Relying solely on quick-fix plugins or overlays is insufficient; real compliance requires attention to detail in the coding and ongoing maintenance.

Ensuring Compliance Through Proper Web Development

A fully compliant website requires building in accessibility features from the start:

  • Accessible Coding: Proper coding practices, such as using semantic HTML and ARIA labels, are foundational for compliance.
  • Manual Testing: Automated tools can help with basic accessibility checks, but manual testing is essential for ensuring a complete and effective experience for all users.
  • Routine Audits: ADA standards evolve, so regular audits are crucial for maintaining compliance and avoiding future legal issues.

Final Thoughts: Build for Accessibility or Risk the Consequences

A website that isn’t ADA compliant is a liability rather than an asset. With the potential for lawsuits, fines, and lost business, companies should invest in accessible web design to avoid the substantial costs of non-compliance. Building and maintaining a compliant website not only shields your business from legal risks but also expands your customer base by welcoming individuals with disabilities. By prioritizing ADA compliance, business owners can enhance user experience, protect their reputation, and create a more inclusive digital presence.

ADA compliance isn’t just about legal avoidance—it’s about making your business accessible and open to all. If you’re not ready to invest in a compliant website, you may be better off without one.

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