Red States vs Blue States: Who's Better at Web Accessibility?

The data reveals that lawsuit risk has nothing to do with red or blue - and everything to do with population density, attorney activity, and state-specific laws.

Highest Lawsuit Risk (2024 Data): 1. California (Blue) - 45 lawsuits, $65,000 avg settlement 2. New York (Blue) - 38 lawsuits, $71,000 avg settlement 3. Texas (Red) - 32 lawsuits, $58,000 avg settlement 4. Florida (Red) - 28 lawsuits, $52,000 avg settlement 5. Pennsylvania (Purple) - 26 lawsuits, $51,000 avg settlement

The top five include two blue states, two red states, and one swing state. Clearly, the lawyers filing these suits don't check voter registration data.

1. Stronger State Laws California's Unruh Act and New York's Human Rights Law create additional liability beyond federal ADA requirements. These states didn't just adopt federal standards - they exceeded them.

2. Plaintiff Attorney Concentration Manhattan and Los Angeles host the majority of firms specializing in digital accessibility lawsuits. Secondary hubs are emerging in Chicago, Miami, and Houston. It's not politics - it's proximity. New York entities face lawsuits simply because the lawyers are literally next door.

3. Higher Settlement Expectations Average settlements in blue states run 40% higher: - Blue state average: $58,000 - Red state average: $41,000 - Purple state average: $47,000

This isn't about progressive values - it's about higher costs of living and legal markets in urban centers like San Francisco, Boston, and Seattle.

The Sleeping Giants: - Texas: 5,868 government entities must comply - Florida: 2,169 entities at risk - Georgia: 1,525 entities facing deadlines

These states have massive exposure but historically lower lawsuit rates. That's changing fast. Texas lawsuits increased 78% from 2023 to 2024. Similar upticks are appearing in Arizona, North Carolina, and Ohio.

Why Red States Are Actually More Vulnerable: 1. Smaller IT budgets in rural municipalities like Arkansas and West Virginia 2. Less accessibility awareness in state procurement (Oklahoma, Kansas) 3. 'It won't happen here' mentality delaying action in South Carolina and Tennessee 4. Fewer specialized consultants outside major cities in Nebraska and Iowa

Urban Advantages (Regardless of State Color): - Larger IT departments - Access to consultants - Higher budgets - More disability advocacy groups - Greater lawsuit exposure (forcing action)

Rural Challenges (In Every State): - One-person IT 'departments' - Limited budgets - Reliance on vendor templates - Less advocacy pressure - False sense of security

Wyoming (Red) and Vermont (Blue) face identical challenges: small populations, limited resources, and the same federal requirements as NYC.

Strictest State Laws: 1. California - Unruh Act creates unlimited statutory damages 2. New York - Human Rights Law exceeds WCAG 2.1 3. Massachusetts - State procurement accessibility rules 4. Illinois - Information Technology Accessibility Act 5. Colorado - HB21-1110 requires accessibility statements

Notice something? These stricter states aren't all blue. Colorado has a Republican-controlled state senate but passed comprehensive digital accessibility laws.

States with NO Additional Requirements: Most red AND blue states rely solely on federal ADA. Mississippi, Oregon, Alabama, and Connecticut all have identical legal requirements despite opposite politics.

High Risk Factors: ✓ Population over 1 million ✓ Major metropolitan area ✓ State university system ✓ Tourist destination ✓ Retiree population

Lower Risk Factors: ✓ Population under 500,000 ✓ Rural/agricultural ✓ No major cities ✓ Limited attorney presence ✓ No state-specific laws

Using these factors, Montana (Red) and Delaware (Blue) have identical risk profiles despite opposite politics.

1. Utah (Red) - Comprehensive state IT accessibility program
2. Minnesota (Blue) - Statewide accessibility coordinator network
3. Texas (Red) - DIR accessibility requirements for all agencies
4. Washington (Blue) - Mandatory accessibility training
5. Georgia (Red) - Centralized compliance monitoring

The pattern? States with centralized IT governance do better regardless of political leaning. Meanwhile, states like Michigan, Wisconsin, Missouri, Virginia, and Nevada are implementing their own unique approaches to compliance.

1. Your specific state laws - Check if you face requirements beyond federal ADA 2. Your metropolitan proximity - Lawsuit risk increases near major cities 3. Your entity size - Larger populations mean earlier deadlines 4. Your current score - Test now at adaquickscan.com

Action Items by Risk Level:

If you're in CA, NY, FL, TX, PA, IL, NJ: - Assume you're being monitored by plaintiff attorneys - Budget for compliance THIS fiscal year - Consider automated solutions immediately

If you're in a rural state (any color): - Don't assume you're safe (Idaho, North Dakota, South Dakota) - Plaintiff firms are expanding geographic reach to Kentucky, Louisiana, and Indiana - Your smaller budget makes settlements more painful in states like New Hampshire and Rhode Island

If you have state-specific laws: - Federal compliance isn't enough - Check state requirements separately - Budget 20-30% above federal compliance costs

The states getting sued most aren't the least compliant - they're the most targeted. The states getting sued least aren't the most compliant - they're the most overlooked.

That's changing. Plaintiff firms are expanding beyond CA and NY. Rural states are seeing first lawsuits. The April 2026 deadline doesn't care about your politics.

Neither do the lawyers.