State Digital Accessibility Laws

Many states have enacted accessibility laws that extend beyond federal requirements. Understanding your state's specific obligations is essential for comprehensive compliance.

Federal vs. State Laws

State laws typically supplement federal requirements (ADA, Section 508) rather than replace them. Organizations must comply with both federal and applicable state laws.

States with Notable Accessibility Laws

Unruh Civil Rights Act

California's Unruh Act (Civil Code Section 51) provides broad civil rights protections, including for people with disabilities. Courts have held that ADA violations constitute Unruh Act violations.

Key Points:
  • Statutory damages: Minimum $4,000 per violation (much higher than federal ADA)
  • No intent required: Negligent violations are actionable
  • Broad scope: Applies to all business establishments
  • Website coverage: Courts have applied Unruh to websites
Government Technology Code

Government Code Section 7405 requires state agencies to comply with Section 508 standards.

High Litigation State: California leads the nation in accessibility lawsuits, with 3,252 Title III filings in 2024 alone (37% increase from 2023).

New York Human Rights Law

New York's Human Rights Law prohibits discrimination by places of public accommodation. State courts have interpreted this to include websites.

Key Points:
  • Broad definition: "Place of public accommodation" interpreted expansively
  • Compensatory damages: Available for actual harm
  • Punitive damages: May be available for willful violations
  • Attorney's fees: Prevailing plaintiffs may recover fees
State Technology Law

State Technology Law Section 103 requires state websites to be accessible, with specific provisions for people with disabilities.

Texas Government Code Chapter 2054

Texas Administrative Code Title 1, Chapter 206 and Chapter 213 establish accessibility standards for state agency websites and applications.

Key Points:
  • State agencies: Must comply with accessibility standards
  • WCAG alignment: Standards aligned with WCAG 2.0/2.1
  • Procurement: Accessibility required in IT procurement
  • Annual reporting: Agencies must report on accessibility efforts
Texas Human Rights Act

Provides protections similar to federal ADA for places of public accommodation.

Information Technology Accessibility Act (ITAA)

Illinois 20 ILCS 3537 requires state agencies and universities to ensure that their information technology is accessible.

Key Points:
  • WCAG compliance: Requires WCAG 2.0 Level AA
  • Procurement: Accessibility must be included in IT contracts
  • Training: State employees must receive accessibility training
  • Enforcement: Department of Human Rights oversight
Illinois Human Rights Act

Provides disability discrimination protections for public accommodations.

Colorado Accessibility Standards

Colorado has adopted accessibility standards for state agency technology, aligned with Section 508 and WCAG.

Key Points:
  • OIT Standards: Office of Information Technology establishes requirements
  • WCAG 2.1: State moving toward WCAG 2.1 Level AA
  • Procurement: Accessibility included in technology contracts
Anti-Discrimination Act

Colorado Anti-Discrimination Act (CADA) provides public accommodation protections.

Massachusetts Information Technology Standards

Executive Office of Technology Services and Security (EOTSS) establishes accessibility standards for state agencies.

Key Points:
  • Enterprise standards: Accessibility is part of IT governance
  • WCAG compliance: Aligned with WCAG 2.0/2.1
  • Vendor requirements: Accessibility required in procurement
Chapter 272 Section 98

Public accommodation discrimination law applicable to websites.

Common State Law Features

State Agency Requirements
  • Website accessibility standards (often WCAG-based)
  • IT procurement accessibility requirements
  • Staff training mandates
  • Reporting and monitoring obligations
Private Sector Impact
  • Civil rights law coverage of websites
  • Enhanced damages (especially California)
  • Broader definitions of public accommodation
  • Additional enforcement mechanisms

State Law Resources

Section508.gov - State Laws and Policies ADA Title II (State/Local Government Requirements) ADA Title III (Private Business Requirements)
State Coverage

States with notable digital accessibility laws or active enforcement:

California New York Texas Illinois Colorado Massachusetts Florida Pennsylvania Ohio Michigan
Which Laws Apply?

Not sure which state laws apply to your organization? Consider:

  • Where your organization is located
  • Where your customers/users are located
  • Whether you're a government entity
  • Whether you receive government funding
Contact WSC for Guidance
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