The digital accessibility revolution: Why states are taking the lead

The digital world has transformed the way society lives, works and connects, yet millions of people with disabilities remain excluded from its full potential. As websites and mobile applications become integral to everything from accessing healthcare to paying bills, the stakes for digital accessibility have never been higher.

Think about the last time you ordered groceries online, scheduled a doctor's appointment, or paid a bill through a website. For most of us, these are simple, everyday tasks. But for people with disabilities, they can be frustratingly impossible when websites aren't designed with accessibility in mind. 

Imagine trying to order groceries when your screen reader can't interpret the checkout button, or attempting to schedule an appointment when keyboard navigation doesn't work. These aren't hypothetical scenarios — they're daily realities for many individuals.

The Americans with Disabilities Act established foundational requirements for physical accessibility three decades ago — think wheelchair ramps, curb cuts and Braille signage. However, the digital landscape has evolved far beyond its original scope. Today's digital infrastructure, which encompasses websites, mobile applications and online services, has become as essential as physical buildings and sidewalks. This shift demands a new framework for ensuring equal access in the digital age.

The federal government has made strides in advancing accessibility, especially with new digital accessibility mandates in the government and healthcare sectors from the Justice Department and the Department of Health and Human Services. However, competing priorities and shifting political landscapes often push accessibility initiatives to the sidelines. 

In this vacuum of comprehensive federal guidance, states have emerged as the primary architects of digital accessibility policy, reshaping how organizations approach digital inclusion and creating new standards that extend beyond basic compliance.

From California to Colorado to Massachusetts, states are implementing legislation to ensure that digital spaces are as accessible as physical ones. These laws not only protect the rights of individuals with disabilities but also set clear expectations for businesses and organizations. When one state enacts robust accessibility laws it creates a ripple effect, inspiring others to follow suit. This momentum is critical, as the internet knows no borders.

For organizations serving customers across multiple states, this evolving landscape presents both challenges and opportunities. Meeting the highest state standards isn't just about avoiding legal consequences; it's about reaching millions of potential customers who might otherwise be unable to access their services. Organizations operating across state lines are discovering that meeting these standards isn't just about compliance — it's about future-proofing their digital presence in an evolving regulatory landscape.

Too often, organizations treat accessibility as a last-minute checkbox or rely solely on automated tools to fix issues. While automation helps, it's just one piece of the puzzle. Success in today's digital environment requires a fundamental shift in approach. 

Organizations that combine automated scanning with human expertise and user testing are best positioned to create truly accessible digital experiences. This hybrid approach — encompassing technology, human insight, and ongoing monitoring — ensures compliance with evolving state regulations while delivering meaningful accessibility for users with disabilities.

To meet these challenges head-on, organizations should:

●  Audit their digital properties for accessibility issues

●  Invest in both automated and human-led testing

●  Make accessibility a priority in their development process

●  Train their teams on accessibility best practices

●  Engage with the disability community to understand their needs

The state-led movement toward digital accessibility marks a pivotal shift in how America approaches digital inclusion. As states continue to enact and enforce increasingly comprehensive accessibility legislation, they're creating a new framework for digital equality that may well become the blueprint for future federal standards. 

This isn't just about compliance or avoiding lawsuits — though those are certainly important. It's about building a digital world that truly works for everyone.

The future of digital accessibility is being shaped at the state level, creating a more robust and nuanced framework than federal regulations alone could provide. Organizations that embrace this reality and implement comprehensive accessibility solutions now will not only meet their legal obligations but will help build a more inclusive digital world — one that truly works for everyone, regardless of ability or location. 

The question is no longer whether to prioritize digital accessibility, but how quickly organizations can adapt to this new state-led paradigm of digital inclusion.

Mike Paciello is the chief accessibility officer at AudioEye and has been a pioneer and influential figure in the accessibility industry for more than four decades. He wrote the first book on web accessibility and usability, and has since achieved many notable milestones. Mike served as co-chair of the U.S. Access Board. He co-founded the International Committee for Accessible Document Design (ICADD), and was recognized by President Bill Clinton for his contribution to the W3C Web Accessibility Initiative. He was the recipient of the 2016 Knowbility Lifetime Achievement and the 2020 ICT Accessibility Testing Symposium Social Impact awards.