Hawaii's Civil Rights Commission is taking public comments through October 30, 2026 on proposed rules that would require businesses open to the public to make their websites and other digital technology accessible, with 24 to 36 months to comply. WebAIM's 2026 scan of the top million home pages found detected WCAG failures on 95.9% of them, led by low-contrast text, missing alt text and unlabeled form fields. Most of those are design and content decisions, so accessible web design is cheapest when it starts in the mockup, not after launch.
A state rule for everyday businesses
Hawaii is writing digital accessibility rules for businesses open to the public, and comments close October 30. The state's Act 257, signed in July, treats an inaccessible website as a way of denying people with disabilities equal access. The Civil Rights Commission's draft rules lean on the federal Title II framework built for governments and would give larger businesses 24 months to comply and smaller ones 36.
You don't have to be in Hawaii for this to matter. It's a sign of where things are heading: accessibility is moving from a government checklist to a basic expectation for any business with a website.
The usual failures are design choices
WebAIM's 2026 scan of the top million home pages found detected failures on 95.9% of them. Look at the top of the list:
- Low-contrast text on 83.9% of pages
- Missing image alt text on 53.1%
- Unlabeled form fields on 51%
- Empty links and empty buttons on 46.3% and 30.6%
None of that is exotic engineering. Light gray type on white is a mockup decision. An icon-only button with no label is a mockup decision. "Click here" is a copy decision. Alt text is a content decision someone skipped.
That's why I think of accessibility as a design and creative direction job first. The people choosing the palette, writing the buttons and approving the photos are the ones creating or preventing most of these problems.
Build it into the system
The fix usually isn't a rebuild. It's a few rules in your design system and a habit in your content process:
- Pick brand colors that pass contrast for text, and note which pairings are allowed.
- Give every button and link words that make sense out of context.
- Write alt text when the photo goes in, describing what's actually there.
- Label every form field with a visible label, not just placeholder text.
- Test with a keyboard before launch. If you can't get through the contact form without a mouse, neither can some of your customers.
Retrofitting after launch is the expensive version. As a White Sox fan, I know a rebuild always takes longer and costs more than doing it right the first time.
My take: good accessible design looks like good design. Clear contrast, plain labels and honest link text help everyone who's squinting at a phone in the sun. Start in the mockup and it mostly takes care of itself.
Questions we hear a lot
What is Hawaii's proposed digital accessibility rule?
Hawaii's Act 257, signed July 14, 2026, makes it a discriminatory practice for a place of public accommodation to deny people with disabilities equal access through inaccessible digital technology. The Hawaii Civil Rights Commission's draft rules, largely based on the U.S. Department of Justice's Title II web framework, would give larger businesses 24 months and smaller ones 36 months to comply after adoption. Comments are open through October 30, 2026.
What are the most common website accessibility problems?
In WebAIM's 2026 analysis of one million home pages, the most common detected failures were low-contrast text (83.9% of pages), missing image alt text (53.1%), missing form input labels (51%), empty links (46.3%) and empty buttons (30.6%).
Do I need to rebuild my website to make it accessible?
Usually not. Many common failures, like text contrast, alt text, form labels and clear link text, can be fixed in your design system and content. It's far cheaper to build those into a redesign from the start than to retrofit them afterward.
Sources
- Hawaii Civil Rights Commission: Notice seeking public comment on proposed rules on digital accessibility (Sept 18, 2026)
- WebAIM: The WebAIM Million, 2026 report
- QualityLogic: Accessibility Industry Update, October 2026
Filed under Web Design
Evan Walker
Founder & Creative Director at Satellite Black, with experience across a broad range of industries working as a Creative Director, Developer, and strategist.
