How ADA and WCAG 2.1 Compliance Can Protect Your Cannabis Dispensary from Costly Lawsuits
When New York’s trailblazing cannabis retailer Housing Works faced a lawsuit over ADA accessibility in January 2024, it sent a loud and clear message: Cannabis dispensaries can’t afford to ignore digital inclusivity.
According to Green Market Report, this lawsuit highlights a pressing issue for cannabis dispensaries to make sure that their website and digital assets are ADA compliant.
In this blog, we dive into why ADA accessibility and WCAG 2.1 compliance is crucial for cannabis businesses by exploring the legal risks, market advantages, and brand benefits, and what your dispensary can do to stay compliant.
Understanding ADA Accessibility and WCAG 2.1 Compliance
The Americans with Disabilities Act (ADA) is a U.S. civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including physical and digital spaces.
The Web Content Accessibility Guidelines (WCAG), on the other hand, are a set of international standards specifically for making web content more accessible to people with disabilities that also offer detailed technical guidance for digital content providers.
Below is a brief explainer into each of these efforts to improve accessibility.
ADA Accessibility refers to the measures and features that ensure digital content is usable by individuals with disabilities, in line with the Americans with Disabilities Act (ADA). This includes designing websites, mobile apps, and other digital assets to accommodate various needs, such as those of users with visual impairments, hearing loss, or mobility challenges. Key aspects of ADA accessibility involve implementing standards such as:
- Including text alternatives for images
- Providing easy keyboard navigation
- Using high-contrast colors
- Enabling screen reader compatibility
WCAG 2.1 Compliance refers to a set of global guidelines developed by the World Wide Web Consortium (W3C) to make web content accessible to people with disabilities. These guidelines focus on making digital content more usable for individuals with visual, auditory, motor, or cognitive impairments. WCAG 2.1 is built around four key principles:
- Information must be presented in ways users can perceive, including providing text alternatives for non-text content, ensuring content is adaptable and distinguishable, and making it easier for users to see and hear content.
- User interface components and navigation must be operable, which involves making all functionalities available from a keyboard, giving users enough time to read and use content, avoiding content that may cause seizures, and helping users navigate and find content.
- Information and operation of the user interface must be understandable. This includes making text readable and understandable, ensuring web pages operate in predictable ways, and providing input assistance to help users avoid and correct mistakes.
- Content must be robust enough to be interpreted reliably by a wide variety of user agents, including assistive technologies. This means ensuring compatibility with current and future user tools and technologies.
Compliance with WCAG 2.1 is measured at three levels: A, AA, and AAA, with AA being a common goal for many organizations to provide a solid level of accessibility for all users.
Why ADA Accessibility and WCAG 2.1 Compliance is Non-Negotiable for Cannabis Dispensaries
There are serious and expensive consequences of neglecting website and eCommerce accessibility.
In the suit, plaintiffs alleged that Housing Works’ website was not accessible to individuals with visual impairments due to inadequate screen reader compatibility, poor navigation, and a lack of essential accessibility features such as text alternatives for images and effective color contrast.
Green Market Report reported that the legal action not only highlighted these accessibility failures but also resulted in Housing Works being ordered to pay $50,000 in damages and required to make their website fully ADA compliant.
This case demonstrates that proactive ADA and WCAG 2.1 compliance is crucial not just to avoid fines, but to protect your business’s reputation and ensure that your digital platforms serve all users effectively.
How ADA and WCAG 2.1 Compliance Expands Your Customer Base
Beyond being a legal safeguard, ADA accessibility is a strategic advantage.
According to the U.S. Centers for Disease Control, more than 1.4 Americans live with a disability. Many individuals with disabilities depend on accessible websites to explore cannabis products, services, and medical options. Meeting ADA standards makes your dispensary welcoming to a broader audience, including those seeking medical cannabis and therapeutic solutions.
Enhancing accessibility not only helps you avoid legal trouble but also opens up new opportunities for reaching potential customers.
Boosting User Experience and SEO with ADA and WCAG 2.1 Compliance
Consider ADA and WCAG 2.1 compliance as an investment in your overall user experience as it relates to websites and eCommerce. Accessibility features such as alternative text for images, keyboard navigation, and screen reader compatibility improve usability for everyone.
Additionally, search engines like Google favor platforms that adhere to accessibility guidelines. Optimizing your cannabis dispensary’s website and eCommerce for ADA compliance enhances user experience, improves search engine rankings, and potentially drives more traffic to your site.
Building Brand Reputation Through Inclusivity
Cannabis dispensaries often advocate for health, wellness, and community support. ADA accessibility aligns perfectly with these values by ensuring that everyone can access your information and services. Demonstrating a commitment to ADA compliance not only meets legal standards but also showcases your dedication to inclusivity and equity. This approach helps build trust and strengthens your brand’s reputation within the community.
Practical Steps to Ensure ADA Compliance for Cannabis Dispensaries
Achieving ADA compliance might seem complex, but breaking it down into actionable steps makes it more manageable:
- Conduct an Accessibility Audit
- Use tools like WAVE, Siteimprove, or Lighthouse to evaluate your website’s current accessibility. (Linked below)
- Identify areas that need improvement or might present barriers.
- Implement Accessibility Best Practices
- Add alternative text for all images and multimedia content.
- Ensure your site is navigable using a keyboard.
- Improve readability with clear, consistent design and font choices.
- Implement ARIA (Accessible Rich Internet Applications) landmarks and roles for better screen reader compatibility.
- Address Common Accessibility Issues
- Check color contrast to ensure readability for users with visual impairments.
- Provide captions and transcripts for video and audio content.
- Ensure forms are accessible and clearly labeled.
- Stay Informed and Maintain Compliance
- Regularly update your website to comply with evolving accessibility standards.
- Conduct periodic audits to ensure ongoing compliance.
- Stay informed about changes in ADA regulations and best practices.
Resources for Checking ADA Compliance
To assess and enhance your website’s ADA compliance, these valuable resources you can use:
- WAVE (Web Accessibility Evaluation Tool):
- WAVE
- Provides a visual representation of accessibility issues and offers actionable recommendations for improvement.
- Accessibility Checker by Siteimprove:
- Siteimprove Accessibility Checker
- Identifies potential issues and provides detailed insights to enhance website accessibility.
- Lighthouse by Google:
- Lighthouse
- An open-source tool that audits website performance, including accessibility, and provides a comprehensive report with improvement suggestions.
Mosaic: Your Ultimate Solution for Compliant eCommerce
Don’t wait for a lawsuit to drive home the importance of ADA accessibility WCAG 2.1 compliance.
At Mosaic, we offer an all-in-one eCommerce and loyalty platform specifically designed for cannabis dispensaries to help them build retention and form deeper relationships with customers.
Mosaic is currently the only provider on the market that includes a fully branded mobile app that meets ADA and WCAG 2.1 standards and ensures that your digital assets are in accordance with the ADA and enrich the user experience.
To learn more, book your free demo at Mosaic Green.
