“How To Make Your Jewelry Store’s Website ADA Compliant and Avoid Lawsuits”

AB 1757 is a proposed bill in California that aims to adopt WCAG 2.1 Level AA as the required standard for websites and mobile apps of “business establishments” covered by the Unruh Civil Rights Act. The bill would impose liability for statutory damages on businesses and third-party developers for noncompliant websites and apps. It eliminates defenses such as “undue burden” and sets a de facto requirement for all websites and apps accessible in California to conform to WCAG 2.1 AA, potentially making it the national standard. Despite concerns about costs, liabilities, and lack of transition periods for small businesses and developers, the bill has garnered some business support, raising concerns about increased litigation if passed into law.

AB 1757’s adoption of WCAG 2.1 Level AA as a mandatory standard for website and mobile app accessibility in California could have far-reaching implications. While it aims to enhance accessibility for individuals with disabilities, critics argue that it lacks crucial protections for small businesses and developers. The bill’s absence of a transition period and potential for increased lawsuits may drive up costs and hinder website development. Despite reservations from some legal practitioners and businesses, the bill is advancing through the legislative process. If enacted, it may become a significant driver of website and mobile app accessibility litigation in California and potentially influence accessibility standards nationwide.