Hawaii is moving to make digital accessibility an enforceable requirement for private businesses, not just government agencies. The Hawaii Civil Rights Commission (HCRC) recently opened public comment on proposed rules that would put Act 257 (SLH 2026), signed by Governor Green in July, into practice.
The rules apply to places of public accommodation—the retailers, restaurants, hotels, healthcare providers, banks and other businesses that serve the public—and to the websites, apps, documents and self-service technology they use to do it.
What the Proposed Rules Require
The draft rules are modeled on the U.S. Department of Justice’s 2024 Title II framework but extend it to the private sector. Three provisions stand out:
- A clear technical standard: WCAG 2.1 Level AA. Covered businesses must meet WCAG 2.1 Level A and AA success criteria for web content and mobile apps—including content delivered through vendors and contractors. That’s the same benchmark used in the federal ADA Title II rule and in most legal settlements, so businesses aren’t facing a new or conflicting target.
- Kiosks are in scope. The rules define information and communication technology to include kiosks alongside websites, apps and electronic documents. As check-in screens, ordering kiosks and self-checkout spread, this matters: When a touchscreen is the main way to buy or access a service, it has to work for everyone.
- QR codes are called out by name. Self-service technology explicitly includes QR codes that send users to a mobile app—think menus, parking payments and event check-ins. Businesses must also offer an alternative way to access the same goods or services.
The proposal phases in compliance: 24 months after the final rule takes effect for organizations with 100 or more employees, and 36 months for everyone else. Hawaii includes familiar exceptions, such as archived content and older PDFs that aren’t needed to access services and creates both a Commission complaint process and a private right of action.
Why State Action Moves the Entire Market
Federal rules for private sector digital accessibility remain in flux. There is still no DOJ regulation under Title III of the ADA that sets a technical standard for business websites, and timelines and priorities at the federal level continue to shift. In that gap, states are stepping in—and their impact reaches well beyond their borders.
- Nobody builds a website for one state. A national retailer, bank or hotel brand runs one website, one app, and one kiosk platform. If Hawaii requires WCAG 2.1 AA, that requirement shapes the experience customers get in every state.
- Clear standards lower risk. Naming WCAG 2.1 AA gives businesses a defined target instead of the uncertainty of litigation-driven expectations. A clear, consistent benchmark is easier to plan, budget and test against.
- Emerging channels get attention. Kiosks and QR codes are often left unaddressed in accessibility programs. By naming them, Hawaii signals that accessibility covers the full customer journey, not just a website.
- Momentum builds. Each state that adopts a WCAG-based rule makes the next one more likely and makes accessibility a baseline expectation rather than an optional upgrade.
For people with disabilities, this means more consistent access. For businesses, it means the direction is set, whatever happens from the feds.
Hawaii Isn’t Alone
Hawaii joins a growing list of states taking proactive steps, and all of them point to WCAG 2.1 AA:
- Colorado. HB21-1110 requires state and local government entities to meet WCAG 2.1 Level AA, with a compliance deadline of July 1, 2025. It gives people with disabilities the right to sue, with damages of $3,500 per violation.
- Virginia. In 2025, HB2541 modernized the state’s Information Technology Access Act. Any company selling technology to Virginia agencies, schools or localities must now address accessibility in its bid—wherever it’s headquartered—and may need a third-party VPAT / ACR and a remediation roadmap.
- Others. States, including New York and Texas are also building accessibility requirements into technology purchasing.
What sets Hawaii apart is reach: Colorado and Virginia focus on government and its vendors, while Hawaii’s proposal applies directly to private businesses that serve the public.
What to do Now
The compliance windows are measured in years, but building an accessible digital experience across websites, apps, documents, and kiosks takes time. Organizations that start now will be ready for Hawaii—and for states that follow.
- Benchmark against WCAG 2.1 AA across your websites, mobile apps and customer-facing documents.
- Inventory self-service touchpoints, including kiosks and QR code experiences, and confirm alternative access paths exist.
- Review vendor contracts, since content delivered through third parties under contract is covered.
- Build an ongoing program, not a one-time fix, so new content and features stay accessible.
Allyant helps organizations meet required WCAG standards—including the most updated WCAG 2.2 AA—across web, mobile, documents and kiosks, with expert auditing, remediation and monitoring. Talk to our team about your current status and how to begin your path to compliance.
