Virginia does not have a specific law requiring private business websites to be accessible.
That sounds like a loophole… it isn’t.
Accessibility enforcement comes from the federal Americans with Disabilities Act (ADA), specifically:
- Title II → government websites
- Title III → private businesses open to the public
If your business sells, books, schedules, or interacts online, your website is legally part of your service.
That means:
👉 If a disabled user can’t use your website
👉 You can be treated the same as if your physical location blocked access
State Law Summary
Virginia Does Not Have a Specific Website Accessibility Law for Private Businesses
Virginia does not have a state statute that explicitly requires private business websites to meet accessibility standards.
Instead, accessibility obligations generally come from the federal Americans with Disabilities Act (ADA).
Two sections of the ADA are most relevant:
- Title II – applies to state and local government services
- Title III – applies to private businesses that serve the public
Under Title III, businesses considered places of public accommodation must provide equal access to goods and services, including services delivered through websites.
Examples include:
- restaurants
- retail stores
- hotels
- healthcare providers
- banks
- professional service providers.
Most ADA website lawsuits argue that accessibility barriers prevent people with disabilities from using online services.
Common barriers cited in lawsuits include:
- missing alt text for images
- inaccessible online forms
- keyboard navigation failures
- poor color contrast
- screen-reader incompatibility.
Because the ADA itself does not define a technical web standard, courts commonly use Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1 Level AA as the practical benchmark.
Website Compliance Rules
Virginia’s Information Technology Access Act (ITAA)
Virginia has a state law addressing accessibility for government technology: the Information Technology Access Act (ITAA).
This law requires state agencies and other covered public entities to ensure that information and communication technology (ICT) is accessible to individuals with disabilities.
Covered technology includes:
- government websites
- online services and portals
- software and web applications
- electronic documents and digital communications.
Recent updates to the law require agencies to designate a digital accessibility coordinator responsible for implementing accessibility policies and responding to accessibility complaints. Virginia Code § 2.2‑3505 Digital Accessibility Coordinator Requirement
Agencies must also publish contact information on their websites so users can report accessibility barriers.
Damages & Penalties
Accessibility Standards Used by Virginia Government Agencies
Virginia government websites generally follow federal accessibility standards, including:
- Section 508 of the Rehabilitation Act
- Web Content Accessibility Guidelines (WCAG)
State agencies require websites and digital content to undergo accessibility testing to ensure compliance with Section 508 requirements.
Many Virginia government sites currently aim for WCAG 2.0 or 2.1 Level AA compliance, which includes requirements such as:
- alt text for images
- keyboard navigation support
- accessible forms
- captions or transcripts for video
- proper heading structure.
For example, several Virginia agencies state that their websites are designed to meet WCAG accessibility guidelines and Section 508 standards.
Frequently Asked Questions
Not theory. Not “compliance.”
Broken user experiences.
The most common legal triggers:
- Missing alt text (blind users can’t understand images)
- Forms that can’t be completed with a keyboard
- Navigation that requires a mouse
- Low contrast text (unreadable for low vision users)
- Screen readers failing to interpret content
These are not edge cases — they’re everywhere.
The ADA is vague on purpose.
So courts rely on:
- Web Content Accessibility Guidelines (WCAG 2.0 / 2.1 Level AA)
This is the de facto legal standard.
If your site fails WCAG → you’re exposed.
Virginia’s state law (ITAA) only applies to:
👉 Government websites
👉 Public agencies
👉 State digital services
Under the Information Technology Access Act (ITAA):
- Agencies must ensure accessibility
- Must test digital systems
- Must appoint an accessibility coordinator
- Must allow users to report issues
Private businesses?
Still governed by ADA — not state law.
They align with:
- Section 508 (federal law)
- WCAG 2.0 / 2.1 Level AA
Meaning:
- Accessible forms
- Keyboard navigation
- Captions for video
- Proper headings
- Image descriptions
Stop thinking:
“There’s no Virginia law, so I’m safe.”
That’s amateur thinking.
The real rule is:
👉 If your website is part of your business
👉 You are exposed under federal ADA law
And lawsuits don’t care if you’re small.
No, Virginia does not have a specific law for private business websites. However, businesses must comply with the ADA, which applies at the federal level.
Yes. Size does not protect you. Many ADA lawsuits target small businesses with simple websites that still block disabled users.
Courts typically use WCAG 2.1 Level AA as the benchmark for determining compliance.
Any business considered a “public accommodation,” including:
- Restaurants
- Retail stores
- Hotels
- Clinics
- Banks
- Service providers
- Missing alt text
- Broken keyboard navigation
- Inaccessible forms
- Poor color contrast
- Screen reader failures
No. The Information Technology Access Act only applies to government entities and public agencies in Virginia.
Typically:
- You receive a demand letter
- You must fix your site
- You may pay a legal settlement
Fighting it usually costs more than fixing it.
You need:
- An accessibility audit
- WCAG-based fixes
- Ongoing monitoring
Not a plugin. Not a widget. Real fixes.
Yes.
Accessible sites tend to have:
- Better structure
- Clearer content
- Improved crawlability
Which can improve rankings.
No.
Overlays do not fix underlying code issues and are increasingly being cited in lawsuits.
- Small sites: ~$3,000–$10,000
- Larger sites: significantly more
Fixing it early is always cheaper.
Yes. Virginia government sites must comply with Section 508 and WCAG, with formal oversight and enforcement.
Thinking:
“No one will notice.”
Law firms use automated tools to scan thousands of sites.
If your site fails → you’re a target.
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