Who Can Answer for Your Website's Accessibility?

Two barriers appeared on 91% of government websites over the past six months. Whether anyone in an organization can say if its own site has them, and since when, is a question of oversight more than code.

Rick Hensbergen4 minute read

A complaint about a website rarely starts with code. It starts with a person who could not read a page, or could not tell what a button would do, and then a letter asking the organization what that page was like, and when. The people who answer the letter are seldom the people who built the site. What they need is two plain answers, and a date to go with each.

Two barriers most government websites carry

Esther found two barriers on 91% of the government websites it assessed over the past six months (May 16 to November 11, 2026).

  • Text too faint to read comfortably. Light gray words on white, or white words on a pale button, slow down anyone with low vision, and anyone squinting at a phone in the sun.
  • Buttons, menus, and pop-up windows that say nothing useful when read aloud. Many people who are blind listen to websites through a screen reader, which speaks the page aloud. Where a control was built without a name, the person listening hears the word "button" and nothing about what it does.

Both barriers can be described by someone who has never written a line of code. That makes them a fair first question for anyone who answers for a site, whatever their role.

Three kinds of answer

When the question goes to the people who run a site, the answers tend to fall into three kinds.

  • "Yes, and here is where." The barrier is known, its pages are listed, and someone owns the work.
  • "No, and here is what shows it." Someone looked, on a date, and can show what was found.
  • "We think so," or "we would have to check." Nobody can say.

The third answer is the one worth listening for. It says less about the website than about the organization. On these figures, more than nine in ten government sites carry at least one of the two barriers, so having them is ordinary. Being unable to say whether they are there, or since when, is the gap.

Why the answer needs a date

A demand letter or a complaint names a page as it was at a past moment, often weeks or months before anyone inside the organization reads it. Whether the barrier was there that day, whether anyone knew, and what has happened since are questions only a dated record answers. A record can't be created backwards.

An automated check run the week a letter arrives shows the site as it is that week. An independent record, dated finding by finding, shows each finding, the day it was found, and whether it has been resolved, which is something the organization's counsel can answer with. Esther assesses a site and dates every finding, so the answer to "since when?" is on file before the question comes.

A yes is closer than it sounds

Faint text usually comes from a color choice made once for the whole site, and an unnamed button from a shared page template. Changing either at its source clears the barrier wherever it repeats. Esther's earlier finding on how much work fixing takes shows a typical site's long list of barriers coming down to a few dozen changes.

State and local governments have dates under the ADA's Title II rule: April 26, 2027, where the population served is 50,000 or more, and a year later, April 26, 2028, everywhere else. Private organizations have no federal rule naming a standard, and claims against their websites are filed routinely. The deadline is real. The work behind it is countable.

Questions about your own organization

  • Can anyone say today whether the text on your site is easy to read for a person with low vision, and show how they know?
  • If a person using a screen reader went through your most-used form, would every button say what it does?
  • If a letter arrived this afternoon about a page as it was last spring, could your organization show what that page was like then?

An answer of "we don't know" to any of the three is a finding in its own right, and the place to begin. The barriers are common and easy to describe. What separates one organization from the next is whether someone can answer for them, with a date. What this means for a city, county, or other public body is at For government, and for a private organization at For business.

Figures describe the government websites Esther assessed over the six months from May 16 to November 11, 2026. The two barriers correspond to WCAG 2.2 success criteria 1.4.3 (contrast) and 4.1.2 (name, role, value).

About the author

Rick Hensbergen is the founder and CEO of Esther. He has spent his career in governance and risk, twenty years of it at major banks in the United States and the United Kingdom, including as a Senior Manager approved by the UK's Financial Conduct Authority.

Questions

Which website accessibility barriers can someone without technical training ask about?

Text too faint to read comfortably, and buttons, menus, and pop-up windows that say nothing useful when a screen reader reads them aloud. Esther found each on 91% of the government websites it assessed from May 16 to November 11, 2026.

Why does it matter whether an organization can answer for its website's accessibility?

A complaint or demand letter about a website concerns a page as it was at a past moment. An organization holding a dated record of what was found and what was resolved can say what the page was like then. Without one, it can say only what the page is like now.

Is an automated accessibility check enough to answer a complaint?

An automated check shows a site on the day it runs. A complaint usually concerns an earlier date, so the answer depends on an independent record, dated finding by finding, that was kept before the complaint arrived.

Does fixing faint text or unnamed buttons take a full website redesign?

Usually not. Faint text often comes from one site-wide color choice, and unnamed buttons from a shared page template, so a change at the source clears the barrier on every page that uses it.

When do the ADA's Title II website rules apply to state and local governments?

The Department of Justice's rule, as amended on April 20, 2026, gives a government whose population is 50,000 or more until April 26, 2027. Every other state or local government has until April 26, 2028. The standard the rule names is WCAG 2.1 Level AA.

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