State Law Summary
Delaware Does Not Have a Separate Private-Business Website Accessibility Law
Delaware does not have a specific state statute that explicitly requires private business websites to meet ADA accessibility standards.
Instead, website accessibility obligations for businesses come mainly from the federal Americans with Disabilities Act (ADA).
Under the ADA:
- Title II applies to state and local government services.
- Title III applies to private businesses that serve the public.
Courts increasingly interpret these provisions to include websites and mobile apps, especially when they are tied to a physical business location.
Website Compliance Rules
ADA Title III Applies to Delaware Businesses
Private businesses that qualify as places of public accommodation must provide equal access to their services.
Examples include:
- restaurants
- retail stores
- hotels
- healthcare providers
- banks
- service businesses
- e-commerce platforms.
Typical website accessibility issues cited in ADA lawsuits include:
- missing image alt text
- inaccessible forms or checkout pages
- keyboard navigation failures
- poor color contrast
- incompatibility with screen readers.
Although the ADA does not define a technical standard for websites, courts and settlements commonly use Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1 Level AA as the benchmark.
Damages & Penalties
Delaware Government Digital Accessibility Policy
Delaware has a statewide digital accessibility initiative managed by the Department of Technology and Information (DTI).
The policy requires government websites and digital services to be accessible so that people with disabilities can use online state services and information.
Covered digital services include:
- state government websites
- online forms and applications
- digital documents and online services
- web applications used by the public.
State agencies must follow recognized accessibility standards such as WCAG when developing and maintaining websites.
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