What Happens If Your Government Website Isn't WCAG Compliant?

The Enforcement Landscape

Web accessibility enforcement comes from three directions, and government entities are uniquely exposed to all three:

1. DOJ Enforcement Actions

The Department of Justice actively investigates and enforces web accessibility violations under Title II of the ADA. Recent examples:

• City of Los Angeles (2015): DOJ settlement required the city to make all web content accessible, appoint an ADA coordinator, and provide auxiliary aids. Ongoing monitoring for 5+ years.
• Miami University (2016): Settlement over inaccessible online course materials. Required remediation of all digital content and ongoing compliance reporting.
• Louisiana Tech University (2013): DOJ found inaccessible course materials. Required comprehensive accessibility plan and regular auditing.

DOJ consent decrees typically require: full remediation, appointment of an accessibility coordinator, annual third-party audits, and ongoing monitoring for 3-5 years. The total cost often exceeds $100,000 when you factor in remediation, staffing, and audit requirements.

2. Private Lawsuits

ADA web accessibility lawsuits have increased dramatically. While most high-profile cases target private businesses, government entities are not immune — and the April 2026 deadline gives plaintiffs' attorneys a clear standard to sue against.

• Average settlement range: $10,000 to $75,000 for government entities
• Plus legal fees: Defendants typically pay plaintiff's attorney fees under the ADA — often exceeding the settlement amount
• Plus remediation costs: Courts require the entity to fix the violations, adding $15,000-$50,000+ depending on site complexity
• Serial litigation: Some plaintiffs' firms specialize in filing ADA web accessibility lawsuits at scale. A single firm may file 100+ suits per year.

3. Complaints to Federal Agencies

Individuals can file complaints with the Department of Education (for schools), HHS (for health services), or directly with the DOJ. These investigations are time-consuming even when they don't result in formal action — staff time responding to federal inquiries is a real cost.

The Real Cost of Non-Compliance

Let's add up what a typical non-compliance scenario actually costs a small municipality:

Compare that to proactive compliance: a $49-$99 scan report and a few weeks of your web vendor's time implementing fixes. The math isn't close.

What “Good Faith” Looks Like

Courts consistently view “good faith effort” favorably in ADA cases. If you can demonstrate that you identified your accessibility issues, created a remediation plan, and were actively working to fix them — that significantly reduces your legal exposure, even if you're not 100% compliant by the deadline.

Good faith documentation includes:

• A dated compliance report showing your starting point
• A remediation plan with priorities and timeline
• Evidence of progress (follow-up scans showing improvement)
• Budget allocation for accessibility work
• Staff training on accessibility best practices

This is exactly what a compliance report gives you — a dated document showing what was found, what needs fixing, and how to fix it. It's your first step toward demonstrable good faith.

The Overlay Trap

Some vendors will try to sell you an accessibility overlay widget — a JavaScript plugin that promises to make your site compliant automatically. Do not rely on these.

• The National Federation of the Blind has publicly opposed overlay widgets
• Multiple courts have ruled that overlays do not constitute ADA compliance
• The DOJ's own guidance states automated solutions are insufficient
• Overlays can actually break screen reader functionality, making your site less accessible

If a vendor tells you a $50/month widget solves your compliance problem, they are selling you a false sense of security.

What to Do Before April 24, 2026

You still have time to get ahead of this. Here's the minimum viable compliance plan:

• Week 1: Run a WCAG 2.1 AA compliance scan. Document your baseline.
• Week 2: Share the compliance report with your web vendor or IT team. Get a remediation estimate.
• Weeks 3-6: Implement fixes, starting with critical and serious violations.
• Week 6+: Re-scan to verify fixes. Document progress.

The key is to start now. Every week you wait is a week less for remediation — and a week closer to exposure.