Rob Andrews, AAAnow
May 1, 2025

A recent decision from the U.S. District Court for the Eastern District of New York – Erkan v. David A. Hidalgo, M.D., P.C.- has offered meaningful guidance in the evolving conversation around digital accessibility. The court dismissed the case on mootness grounds – meaning the issue had already been resolved or was no longer relevant – after determining that the defendant’s proactive remediation efforts, including the use of an automated accessibility solution, reflected a reasonable and credible approach to ADA compliance.

This ruling affirms what many in the accessibility space have often contested: compliance is achievable for organizations of all sizes when AI-powered tools and automation are thoughtfully applied as part of a broader strategy.

AI and Automation: One Piece of the Puzzle

In the Hidalgo case, the court recognized the defendant’s use of an AI-driven solution as a valid part of a documented effort to improve website accessibility. Combined with improvements like better keyboard navigation, alt-text, and menu structures, the automated solution contributed to the overall usability of the website.

This marks an important moment in accessibility compliance: courts are open to the role of AI and automation – provided they’re part of a sincere, ongoing effort.

The Case for a Pragmatic Approach

Many organizations – especially those with multiple websites or thousands of web pages – struggle with the scale and cost of purely manual accessibility audits and fixes. While manual testing remains essential, a pragmatic approach blends human expertise with AI and automation to achieve impact more quickly and affordably.

For example:

  • AI can identify and remediate common accessibility barriers at scale.
  • Manual testing can be focused on high-traffic or high-impact pages, ensuring the most critical user journeys meet the highest standards.
  • Ongoing monitoring and documentation show a sustained commitment and help reduce legal risk.

This hybrid model allows teams to prioritize effort where it matters most, while maintaining broad coverage across large or complex digital estates.

Overlay Tools: A Double-Edged Sword

The court also took into account the presence of an accessibility panel or widget, which allowed users to make real-time adjustments to the site. These overlays can play a helpful role, particularly in demonstrating a “reasonable adjustment” in legal contexts.

Beyond litigation, they also offer benefits to a broader range of users – not just those with disabilities. Older users, people with cognitive impairments, or anyone dealing with situational limitations (like bright sunlight or temporary injury) may all benefit from tools that improve visual clarity, simplify navigation, or allow content personalization.

However, not all overlays are created equal. Poorly designed overlays can actually hinder accessibility – blocking assistive technologies, failing to adapt to real user needs, or creating friction in the user experience. It’s critical that any such tool be accessible in itself and integrated thoughtfully into a wider accessibility strategy.

Augmented Accessibility: The Way Forward

The future of digital accessibility lies in augmented accessibility – a model that combines:

  • AI and automation for large-scale detection and remediation;
  • Human expertise focused on areas of high importance or complexity;
  • Continuous oversight, monitoring, and documentation to ensure real, lasting progress.

This approach is not only more scalable and cost-effective, but also more inclusive. It’s not about ticking a compliance box – it’s about building better digital experiences for everyone.

AAAnow: Practical Support for Practical Solutions

At AAAnow, we’ve been in the digital accessibility space for nearly 25 years. Our approach is pragmatic, not prescriptive. We understand that for many organizations, compliance needs to be achievable, cost-effective, and fast-moving.

That’s why we design AI-powered tools and automated platforms that can deliver immediate impact – but as part of a broader strategy that includes governance, prioritization, and expert input.

We believe in digital experiences that work for everyone, and we know the best way to achieve that is by combining the speed and scale of automation with the insight and empathy of people.

If you’re unsure where to start, feel free to contact me, Rob Andrews, AAAnow – VP Strategic Partnerships: randrews@AAAnow.ai – so we can help you build a phased roadmap.