The Bulletin Design

No. 044

Website accessibility basics for small business

The federal accessibility rule that made headlines in 2024 applies to government websites, not yours. That doesn't mean accessibility is optional, or that lawsuits aren't real.

The federal rule that made headlines around website accessibility in 2024 applies to state and local government websites, not private businesses. That distinction gets lost constantly in how it's reported, and it's worth being precise about, both to avoid unnecessary alarm and because the underlying reasons to care about accessibility have nothing to do with that specific rule anyway.

What the 2024 rule actually says, and who it covers

The Department of Justice's rule requires state and local government websites and apps to meet WCAG 2.1, Level AA, a widely recognized technical accessibility standard. It applies specifically to government entities: agencies, public schools, courts, transit systems, and similar. It does not apply to private businesses, including small business websites. The original compliance deadlines, tied to population size, have since been extended via an April 2026 interim rule to April 2027 and April 2028 depending on the government entity's size.

Why private businesses should still care

Even though this specific rule doesn't cover you, two separate things do matter:

  1. Courts have applied the ADA to websites for years, independent of this rule, and accessibility lawsuits against private businesses have been rising, with tens of thousands of website-accessibility legal filings tracked in recent years. Courts hearing these cases commonly treat WCAG 2.1 Level AA as the practical benchmark, even without a formal regulation requiring it for private business.
  2. Accessibility is genuinely useful, independent of any legal risk. A site that works with a screen reader, that has enough color contrast to read in bright sunlight, and that can be navigated by keyboard serves real visitors, including older customers and anyone dealing with a temporary limitation like a broken arm or bad lighting.

The basics that cover most of the ground

A reasonable way to start

You don't need a full technical audit to make real progress. Check your own site with a keyboard alone, tabbing through it without touching a mouse, and see where you get stuck. Run a page through a free automated checker, which catches a meaningful share of common issues like missing alt text and poor contrast, even though it won't catch everything a full manual review would.

Questions

Do I need to hire an accessibility consultant?

For most small business sites, addressing the basics above covers a large share of common issues. A consultant or a full audit becomes worth considering for a larger, more complex site or if a specific concern has already come up.

Does accessibility work conflict with a bold, distinctive design?

No. Contrast, clear structure and readable text are compatible with strong visual design; they're constraints, not the opposite of good design.

Is an automated accessibility checker enough on its own?

It catches a real, useful subset of issues but misses things that require a human judgment call, like whether alt text actually describes an image well or whether a keyboard tab order makes logical sense.

Sources

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