Website accessibility lawsuits surged 37% in 2025, with over 5,000 cases filed against businesses of all sizes. If you assume accessibility requirements only apply to large corporations, think again—64% of recent lawsuits targeted companies with annual revenues under $25 million. For Maine small businesses, understanding and implementing web accessibility isn't just the right thing to do. It's essential for protecting your business and reaching every potential customer.
Whether you run a Kennebunk retail shop, a Portland restaurant, or a professional services firm in Southern Maine, this guide explains what you need to know about website accessibility in 2026.
What is Website Accessibility?
Website accessibility means designing and building websites that everyone can use, including people with disabilities. This includes individuals who are blind or have low vision, those who are deaf or hard of hearing, people with motor impairments who can't use a mouse, and those with cognitive disabilities that affect how they process information.
An accessible website works with assistive technologies like screen readers, keyboard navigation, and voice control software. When done correctly, accessibility improvements often make websites better for everyone—clearer navigation, faster load times, and more readable content benefit all users.
The Web Content Accessibility Guidelines (WCAG) provide the technical standards for accessible web design. Currently, WCAG 2.2 Level AA is the benchmark that businesses should meet in 2026.
The Legal Landscape in 2026
ADA Requirements for Private Businesses
The Americans with Disabilities Act requires businesses that serve the public to provide accessible services, and courts have increasingly interpreted this to include websites. While the government has finalized specific web accessibility requirements for public entities (Title II), private businesses under Title III face growing legal exposure based on existing ADA requirements.
The April 2026 Title II deadline—requiring government websites to meet WCAG 2.1 Level AA standards—signals where enforcement is heading for private businesses. Legal experts expect similar formal requirements for private businesses within the next few years.
Lawsuit Statistics You Can't Ignore
The numbers paint a concerning picture for unprepared businesses:
- Over 5,000 digital accessibility lawsuits filed in 2025
- 37% increase in filings compared to the previous year
- 64% of defendants were companies with under $25 million in revenue
- E-commerce sites accounted for nearly 70% of all cases
- Food and service businesses made up 21% of lawsuits
Settlement costs typically range from $5,000 to $20,000, but when you add legal fees, remediation costs, and lost time, total expenses often exceed $40,000. For a Maine small business operating on thin margins, an accessibility lawsuit can be devastating.
AI is Changing the Lawsuit Game
Here's what's driving the surge in litigation: artificial intelligence. According to legal analysis, 40% of federal ADA Title III filings are now filed by self-represented plaintiffs—individuals using AI tools to identify website violations and draft complaints that once required expensive legal expertise.
This means any website with accessibility issues is now a potential target. The barriers to filing lawsuits have dropped dramatically, and plaintiff volume shows no signs of slowing.
WCAG 2.2: The Accessibility Standard for 2026
The Web Content Accessibility Guidelines organize requirements around four core principles, known by the acronym POUR:
Perceivable
Content must be presented in ways users can perceive through their available senses.
Key requirements:
- Alt text for images: Every meaningful image needs descriptive alternative text that screen readers can announce
- Video captions: Provide captions for video content and transcripts for audio content
- Color contrast: Text must have sufficient contrast against background colors (4.5:1 ratio for normal text)
- Resizable text: Users must be able to resize text up to 200% without breaking the layout
For your Kennebunkport hotel website, this means your beach photos need alt text describing the scene, your virtual tour video needs captions, and your booking text is readable against your brand colors.
Operable
Users must be able to navigate and use your site through various input methods.
Key requirements:
- Keyboard navigation: Every function must work with keyboard alone—no mouse required
- Visible focus indicators: When users tab through your site, they need to see where they are
- Skip navigation links: Allow users to bypass repetitive navigation and jump to main content
- Sufficient time: Don't time out sessions too quickly; allow users to extend time limits
- Touch target size: Buttons and links need minimum 24x24 pixel touch targets (WCAG 2.2 requirement)
A mobile-first design approach often addresses many of these requirements, as touch-friendly design overlaps significantly with keyboard-accessible design.
Understandable
Content and navigation must be clear and predictable.
Key requirements:
- Clear language: Write in plain language appropriate for your audience
- Consistent navigation: Keep menus and navigation in the same location across pages
- Error identification: When form submissions fail, clearly explain what went wrong
- Input assistance: Provide labels, instructions, and suggestions to help users complete forms
For your Southern Maine restaurant website, this means your online reservation form needs clear labels, helpful error messages when someone enters an invalid date, and confirmation that the booking went through.
Robust
Content must work reliably with current and future assistive technologies.
Key requirements:
- Valid HTML: Properly structured code that assistive technologies can interpret
- Proper headings: Use heading tags (H1, H2, H3) in logical order to create document structure
- ARIA labels: When standard HTML isn't sufficient, use ARIA attributes to enhance accessibility
- Testing with screen readers: Verify your site works with actual assistive technologies
This is where professional web development becomes particularly important. Clean, semantic code from the start is far more cost-effective than retrofitting accessibility onto a poorly built website.
Common Accessibility Issues on Maine Business Websites
Based on industry data, these problems appear most frequently in accessibility lawsuits:
Missing Alt Text
Images without alternative text are invisible to screen reader users. Every meaningful image needs a brief, accurate description. Decorative images should be marked as such so screen readers skip them.
Local example: A Wells beach hotel with beautiful photography but no alt text loses potential guests who can't see the images and rely on descriptions to choose accommodations.
Poor Color Contrast
Text that doesn't stand out sufficiently from its background is difficult or impossible to read for users with low vision. This is especially common with trendy design choices like light gray text on white backgrounds.
Contrast requirements:
- Normal text: 4.5:1 ratio
- Large text (18pt+ or 14pt+ bold): 3:1 ratio
- User interface components: 3:1 ratio
Unlabeled Form Fields
Forms without proper labels force screen reader users to guess what information goes where. Every input field needs an associated label that describes its purpose.
Inaccessible Menus
Dropdown menus that only work with mouse hover are completely unusable for keyboard-only users. Navigation must be fully keyboard accessible with visible focus states.
Missing Focus Indicators
When the default focus outline is removed for aesthetic reasons without providing an alternative, keyboard users can't see where they are on the page.
Video Without Captions
Video content without captions excludes deaf and hard-of-hearing users and anyone watching in a sound-sensitive environment—like tourists researching your Kennebunk restaurant while sitting in a quiet waiting room.
The Overlay Widget Problem
You may have seen accessibility overlay widgets marketed as instant compliance solutions. These tools add a small icon to your website that opens a panel of accessibility adjustments.
Here's the uncomfortable truth: 22.6% of 2025 accessibility lawsuits targeted websites that had overlay widgets installed. That's 456 lawsuits against businesses who thought they were protected.
Overlays can't fix underlying code problems. They often interfere with users' own assistive technologies. And courts have repeatedly ruled that overlays don't constitute ADA compliance.
Genuine accessibility requires proper design and development, not a quick fix.
Practical Steps for Maine Small Businesses
Start With an Accessibility Audit
You can't fix what you don't know is broken. Begin by evaluating your current website:
Free tools to get started:
- WAVE (wave.webaim.org) - Browser extension that identifies accessibility issues
- axe DevTools - Chrome extension for developers
- Google Lighthouse - Built into Chrome, includes accessibility scoring
Remember the 30/70 rule: automated tools catch approximately 30% of issues. The remaining 70% require manual testing, ideally by someone using actual assistive technology.
Prioritize High-Impact Fixes
Focus first on issues that block access entirely:
- Add alt text to all meaningful images
- Ensure all forms have proper labels
- Verify keyboard navigation works throughout your site
- Check color contrast on text and buttons
- Add captions to video content
Consider a Professional Accessibility Review
For businesses that rely heavily on their websites—especially e-commerce sites—investing in a professional accessibility audit is worthwhile. The cost of a thorough review and remediation is far less than defending a lawsuit.
Our SEO and web design services include accessibility review as part of comprehensive website optimization, because accessible websites also tend to perform better in search rankings.
Make Accessibility Part of Ongoing Maintenance
Accessibility isn't a one-time project. As you add new content, products, and features, each addition needs to meet accessibility standards. Build accessibility checks into your content publishing workflow.
The Business Case for Accessibility
Beyond avoiding lawsuits, accessibility makes business sense for Maine companies:
Expanded Market Reach
According to the CDC, 26% of American adults—about 61 million people—have some type of disability. In Maine, with our older population, that percentage is even higher. Accessible websites reach customers that competitors may be excluding.
Better SEO Performance
Many accessibility improvements directly boost search rankings. Alt text helps Google understand images. Proper heading structure improves content organization. Fast-loading, well-coded sites rank better than bloated, inaccessible alternatives.
Improved User Experience for Everyone
Accessibility features often benefit all users:
- Captions help people watching videos in noisy environments
- Good contrast makes sites easier to read in bright sunlight
- Clear navigation helps everyone find what they need faster
- Keyboard shortcuts benefit power users
Tourism Industry Advantages
Maine's tourism industry serves visitors from around the world, many traveling with family members who have disabilities. Hotels, restaurants, and attractions with accessible websites can serve these families while competitors turn them away.
Looking Ahead: What's Coming
The trajectory is clear. Government websites face a hard deadline in April 2026 for WCAG 2.1 AA compliance. Private business requirements are likely to follow. Lawsuit volumes continue climbing.
The businesses that act now—building accessibility into their websites before being forced to—will have smoother operations, lower legal risk, and better customer reach.
Get Your Website Evaluated
Not sure where your website stands on accessibility? We offer complimentary website evaluations that include accessibility assessment alongside performance, SEO, and design review. Understanding your current situation is the first step toward a website that works for everyone.
For Maine small businesses serious about reaching every potential customer while protecting against legal exposure, accessibility isn't optional anymore. It's a fundamental requirement of doing business online in 2026.
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