How to Write an Accessibility Statement That Actually Protects You

The Page That Does Three Jobs

Two previous posts in this series identified the accessibility statement as a critical component of compliance. The Day 1 compliance checklist listed it as one of five elements that define a defensible position after the deadline. The demand letter playbook named it as part of the forward-looking compliance plan that strengthens a legal response.

But neither post explained how to actually write one. This post does.

An accessibility statement is a public-facing page on a website that communicates three things: what accessibility standard the site is working toward, what the current state of accessibility is, and how users with disabilities can get help if they encounter a barrier. That sounds simple. It is — in structure. But the details of what to include, what to avoid, and how to position the language legally make the difference between a statement that protects you and one that creates liability.

The W3C's Web Accessibility Initiative provides guidance on developing accessibility statements, and Section508.gov offers a federal framework for government sites. The principles below draw on both, adapted specifically for the municipal contractor context — because in most cases, you are the one writing this page for your client.

What an Accessibility Statement Must Include

There are five elements that every accessibility statement needs. Skip any of them and the statement is either incomplete, misleading, or legally counterproductive.

1. The Standard You Are Working Toward

State the specific accessibility standard explicitly. For municipal sites subject to the DOJ's Title II rule, this is WCAG 2.1 Level AA. Name it directly:

"This website is committed to conforming with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, the standard required under Title II of the Americans with Disabilities Act."

Do not say "we follow accessibility best practices" or "we strive to be accessible." These are meaningless in a legal context. The DOJ codified a specific standard. Name it. This demonstrates awareness of the obligation and alignment with the enforceable requirement.

If the site also targets WCAG 2.2 for future-proofing, you can note that — but 2.1 AA is the legal baseline and should be stated first.

2. The Current State of Conformance

This is where most accessibility statements fail. They either claim full compliance (which is almost never true and creates liability if challenged) or say nothing about the current state (which suggests the organization has not assessed its own accessibility).

The correct approach is honest, specific, and documented:

"We have conducted accessibility evaluations of this website using automated scanning tools and manual testing. We have addressed the highest-priority barriers, including [specific categories addressed]. We are aware of remaining limitations and are actively working to resolve them."

The W3C recommends stating conformance using one of three levels: fully conformant, partially conformant, or non-conformant. For most municipal sites approaching the deadline, "partially conformant" is the honest answer. Stating it directly — along with what you have done and what remains — is far stronger legally than an overclaim of full compliance.

Do not claim full WCAG 2.1 AA conformance unless you have completed a comprehensive manual audit by a qualified evaluator and resolved every identified issue. Automated scans catch 30 to 40 percent of WCAG failures. Passing an automated scan is not conformance. If a plaintiff's attorney finds barriers on a site whose accessibility statement claims full compliance, that overclaim becomes evidence of either dishonesty or incompetence — neither of which helps your defense.

3. Known Limitations

List the specific accessibility limitations you are aware of, in plain language. The W3C guidance is clear: describe limitations in terms users understand, not in WCAG success criterion numbers.

For example:

"Some older PDF documents on this site may not be fully accessible to screen reader users. We are remediating these documents on a priority basis, beginning with forms and applications used for active services. If you need an accessible version of any document, please contact us using the information below."

"Our third-party payment portal is provided by [vendor name] and may contain accessibility barriers outside our direct control. We are working with the vendor to address known issues. If you encounter difficulty completing a payment, please contact us for assistance."

This section accomplishes two things. First, it warns users about barriers before they encounter them, reducing frustration and demonstrating respect. Second, it documents awareness — which, counterintuitively, strengthens your legal position. An organization that acknowledges limitations and provides alternatives shows good faith. An organization that says nothing about known barriers looks like it did not bother to check.

4. Feedback and Contact Information

Provide a clear, accessible method for users to report barriers and request assistance. This must include at least two contact channels — typically email and phone — because relying on a single channel (especially a web form) creates its own accessibility barrier if that channel is not accessible.

"If you encounter an accessibility barrier on this site or need assistance accessing any content or service, please contact us:"

Include a dedicated email address, a phone number, and a response timeframe. The response timeframe matters — it signals that accessibility complaints are treated as operational priorities, not suggestions. Two business days is a reasonable commitment for initial response.

Do not bury this information. It should be prominent, specific, and easy to find.

5. The Date and Review Cycle

Include the date the statement was last reviewed and a commitment to regular review. An undated accessibility statement has no evidentiary value — there is no way to verify when it was written or whether it reflects the current state of the site.

"This accessibility statement was last reviewed on [date]. We review and update this statement at least quarterly, or whenever significant changes are made to the site."

The review date also creates a natural accountability mechanism. When the statement says it was reviewed in March 2026 and the site has changed significantly since then, the outdated statement becomes a liability. Committing to quarterly review and actually performing it keeps the statement current and the documentation alive.

What an Accessibility Statement Should Not Include

The mistakes are as important as the requirements. These are the elements that weaken your position or create risk.

Do not reference an overlay widget as your accessibility solution. If the site uses an accessibility overlay, the statement should not cite the overlay as evidence of compliance. Overlays do not achieve WCAG conformance, the FTC has sanctioned a major overlay provider for misleading claims, and 22.6% of accessibility lawsuits in 2025 targeted sites with overlays installed. Mentioning an overlay in your statement signals reliance on a tool that plaintiff attorneys specifically look for as evidence of superficial compliance.

Do not include legal disclaimers that disclaim responsibility for accessibility. Statements like "we are not responsible for third-party content" may be factually true in some cases, but leading with disclaimers signals defensiveness rather than commitment. Address third-party limitations in the "known limitations" section with specific detail and mitigation steps — not blanket disclaimers.

Do not use vague, aspirational language without specifics. "We believe in accessibility for all" is a sentiment, not a statement. Every sentence in the accessibility statement should convey specific, verifiable information — a standard, a status, a limitation, a contact method, or a date. If a sentence does not convey any of these, cut it.

Do not list every WCAG success criterion. The statement is for users, not auditors. Users do not need to know that you tested against Success Criterion 1.4.3. They need to know that text on the site meets contrast requirements, or that you are working to fix areas where it does not. Translate technical criteria into plain language.

Do not make the accessibility statement page itself inaccessible. This happens more often than it should. The page containing your accessibility statement must meet the same WCAG standards as the rest of the site. Test it. A screen reader user who cannot access your accessibility statement has encountered exactly the kind of irony that makes for a compelling plaintiff complaint.

Where to Put It

The accessibility statement should be linked from the site footer on every page — the same way you link to a privacy policy or terms of service. Use a consistent, recognizable link label: "Accessibility" or "Accessibility Statement." Do not hide it inside a legal page, a FAQ, or a sitemap.

The W3C recommends linking to the statement from multiple locations — the footer, the help menu, the about page, the contact page. The more discoverable it is, the more it functions as an active user support channel rather than a buried compliance artifact.

For municipal sites, consider linking it from any page where users interact with forms, payment systems, or document libraries — the high-risk touchpoints where accessibility barriers are most likely to cause real harm.

The Contractor's Deliverable

For municipal contractors, the accessibility statement is not just a recommendation — it is becoming an expected deliverable. Municipalities approaching the Title II deadline are asking their vendors to draft accessibility statements as part of the compliance package. Some RFPs are beginning to require them.

This is an opportunity. A well-written accessibility statement demonstrates that you understand the legal landscape, that you have assessed the site's current state, and that you have built a process for ongoing monitoring and improvement. It ties directly to your audit defense log — the statement is the public-facing summary of the compliance work documented in the log.

Build the accessibility statement into your standard deliverable set. When you hand over a municipal website or web application, the accessibility statement should ship with it — alongside the scan results, the remediation records, and the monitoring plan. It takes an afternoon to write. It takes years off the response time when a demand letter arrives.

A Template to Start From

Here is a structural template. Adapt the specific language to match your client's site, current conformance level, and contact information:

[Municipality Name] Accessibility Statement

[Municipality Name] is committed to ensuring that its website is accessible to all visitors, including people with disabilities. This site targets conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, the standard required under Title II of the Americans with Disabilities Act.

Conformance Status We have evaluated this website using a combination of automated accessibility scanning and manual testing. We have addressed identified barriers including [specific categories: e.g., color contrast, image alternative text, form labels, document language, heading structure]. We are partially conformant with WCAG 2.1 Level AA and are continuing remediation of remaining issues.

Known Limitations [List specific limitations in plain language, with mitigation steps and alternatives for each.]

Feedback If you encounter an accessibility barrier on this site or need assistance accessing any content or service, please contact us: Email: [accessibility email] Phone: [phone number] We aim to respond to accessibility feedback within two business days.

Assessment and Review This statement was last reviewed on [date]. We review and update this statement at least quarterly. Our accessibility evaluations are conducted using [tools used] and manual testing with assistive technologies.

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Thirty-two days. One page. Write it this afternoon.

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This post is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel for guidance specific to your situation.