ADA Laws for General Surgeon in South Dakota

State Law Summary

South Dakota Does Not Have a Specific Website Accessibility Law for Private Businesses

South Dakota does not have a state law that explicitly requires private business websites to meet accessibility standards.

Instead, accessibility obligations for most businesses come from the federal Americans with Disabilities Act (ADA).

Two ADA sections are most relevant:

• Title II – applies to state and local government entities
• Title III – applies to private businesses open to the public

Under Title III, businesses classified as places of public accommodation must provide equal access to their goods and services. Courts increasingly interpret this requirement to include websites and digital services, particularly when a website is connected to a physical business.

Examples of businesses commonly covered include:

• restaurants
• retail stores
• hotels
• healthcare providers
• banks
• professional service providers.

Typical accessibility barriers cited in ADA website lawsuits include:

• missing alt text for images
• inaccessible forms or checkout systems
• keyboard navigation problems
• low color contrast
• incompatibility with screen readers.

Because the ADA does not define a specific technical web standard, courts and settlements usually rely on Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1 Level AA as the benchmark for accessibility.

Website Compliance Rules

South Dakota Public-Sector Accessibility Requirements

While South Dakota lacks a detailed statute governing website accessibility, state agencies and local governments still must ensure accessible digital services under federal disability law.

Government websites typically follow accessibility frameworks such as:

• Section 508 of the Rehabilitation Act
• WCAG 2.1 Level AA

For example, South Dakota government departments state they aim to make electronic and information technologies accessible and evaluate accessibility concerns using WCAG and Section 508 standards.

Some counties and agencies explicitly state their goal is to maintain websites in substantial conformance with WCAG 2.1 Level AA.

These policies apply to:

• state agency websites
• online forms and government portals
• downloadable documents and public information
• digital services used by residents.

Damages & Penalties

South Dakota Human Rights Law

South Dakota also has a civil rights statute:

• South Dakota Human Relations Act (SDCL Chapter 20-13)

This law prohibits discrimination based on disability in public accommodations and services. While it does not explicitly mention websites, it may still apply when digital services prevent individuals with disabilities from accessing a business or government service.

In practice, however, most website accessibility lawsuits involving South Dakota businesses rely on federal ADA claims rather than state law.