The state of Colorado has taken a bold step toward inclusivity with Colorado House Bill 21-1110, a law that sets clear standards for digital accessibility. Whether you’re a web developer working on digital projects or a business owner looking to expand your reach, understanding this law is important.
Accessible websites not only improve access for individuals with disabilities but also enhance usability for everyone. This guide explains the Colorado accessibility law, its impact, and practical steps businesses and government entities can take to comply while benefiting from improved digital experiences.
What is Colorado Accessibility Law, HB21-1110?
Colorado House Bill 21-1110, enacted in 2021, establishes digital accessibility standards for public-facing websites. It mandates alignment with WCAG 2.1 AA (Web Content Accessibility Guidelines) by July 1, 2024, setting a new benchmark for accessibility laws in the United States.
Key Objectives of the Law
- Promote equal access to digital content for people with disabilities.
- Help state and local government websites adopt globally recognized accessibility standards.
- Encourage private businesses to build inclusive digital platforms and align with the ADA compliance for Colorado standards.
Who Does the Accessibility Law Affect?
- Government Entities: All state and local government websites must comply.
- Third-Party Vendors: Companies managing or hosting digital content for these entities are required to meet the same standards.
- Private Businesses: While not explicitly required, private businesses are encouraged to adopt accessibility practices to avoid legal risks under broader accessibility laws like the ADA.
Why Colorado Accessibility Law Was Introduced
With approximately 25% of Americans living with a disability, digital accessibility has become a pressing issue. The Colorado website accessibility law addresses significant gaps in usability for individuals with visual, auditory, motor, or cognitive disabilities. By following these standards, the state aims to remove barriers to essential services like healthcare, education, and government programs.
Key Provisions of HB21-1110
WCAG 2.1 AA Standards
The law requires compliance with WCAG 2.1 AA, which are global best practices for digital accessibility. These standards include:
- Text Alternatives: Use descriptive alt text for images and videos.
- Keyboard Accessibility: Allow users to navigate websites without a mouse.
- Contrast Ratios: Maintain adequate contrast between text and backgrounds for readability.
- Error Identification: Forms must provide clear instructions and highlight errors.
Applies to All Government Entities
The law covers a wide range of digital technologies, including:
- Websites, applications, kiosks, and digital signage.
- Documents, videos, audio files, and third-party tools.
Penalties for Non-Compliance
Non-compliance may result in:
- Court Orders: A court may demand immediate compliance.
- Monetary Damages: Financial compensation to affected individuals.
- Attorney’s Fees: Reimbursement of legal costs if a lawsuit is successful.
- Statutory Fines: A fine of $3,500 for each violation, payable to individuals impacted by non-compliance.
Compliance Deadlines
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- July 1, 2022: Accessibility plans were required to be submitted to the Chief Information Officer (CIO) of the Office of Information Technology (OIT).
- July 1, 2024: All state agencies and local governments must achieve full compliance.
How HB21-1110 Aligns with ADA Compliance in Colorado
The Colorado ADA requirements under HB21-1110 align closely with the Americans with Disabilities Act (ADA). For example:
- Both laws define disability in the same way.
- Both aim to eliminate discrimination by requiring access to services, programs, and activities for individuals with disabilities.
- The rules are designed to provide a reasonable path to compliance while maintaining equitable levels of service for all users.
How to Achieve Compliance with HB21-1110
- Conduct a Website Audit
- Use tools like WAVE or Google Lighthouse to identify areas needing improvement.
- Test your site manually with screen readers like NVDA or VoiceOver.
- Learn WCAG 2.1 AA Standards
- Follow the POUR Principles: Perceivable, Operable, Understandable, Robust.
- Example: Provide captions for all videos to accommodate users with hearing impairments.
- Collaborate with Accessibility Experts
- Work with consultants or specialists to develop a comprehensive accessibility plan.
- Train Your Team
- Educate developers, designers, and content creators on accessibility best practices.
- Monitor and Update Regularly
- Accessibility is an ongoing process. Regularly review your digital platforms to stay compliant.
What is the ADA Law in Colorado?
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities. In Colorado, the ADA applies to both public and private entities, ensuring access to services and programs. The Colorado ADA requirements under HB21-1110 expand on the ADA by setting specific standards for state and local governments.
Accessibility Compliance Beyond Colorado
Comparison with Other US Accessibility Laws
- California: Enforces accessibility requirements under the Unruh Civil Rights Act.
- New York: Requires public-facing websites to adopt accessibility practices.
- Federal Regulations: ADA and Section 508 apply broader accessibility standards nationwide.
Trends in Accessibility Legislation
- Increasing focus on private businesses across the U.S.
- A rising number of lawsuits targeting inaccessible websites.
Penalties for non-compliance with the Colorado Website Accessibility Law
Colorado's accessibility law also grants any individual with a disability who experiences discrimination the power to bring a civil action against a Colorado government entity who may have to face the following penalties:
- Court-Ordered Compliance: A court may issue an order requiring the non-compliant entity to meet accessibility standards immediately.
- Monetary Damages: Entities could be required to pay financial compensation to individuals who were discriminated against.
- Attorney’s Fees: If a lawsuit is successful, the entity may need to cover the plaintiff’s legal costs.
- Statutory Fines: A statutory fine of $3,500 is payable to each plaintiff for every violation. To qualify, the plaintiff must be a member of the disability community.
Conclusion: Accessibility is Good for Business
The Colorado accessibility law (HB21-1110) is a significant step toward creating a more inclusive digital environment. Compliance not only fulfills legal obligations but also enhances user experiences, improves SEO, and expands your reach. By addressing accessibility proactively, businesses and government entities can avoid penalties while setting a positive example of inclusivity.