New South Memphis Website Accessibility Rules for Contracts

Civil Rights and Equity Tennessee 3 Minutes Read · published February 08, 2026 Flag of Tennessee

New South Memphis, Tennessee requires public-contracting teams and vendors to consider accessibility when delivering websites and digital services for the city. This article explains how to include accessibility requirements in solicitations and contracts, common compliance checks, enforcement pathways, and practical next steps for procurement officers, contractors, and advocates. It summarizes municipal practice and federal civil-rights enforcement options, and gives sample contract language, application steps, and complaint routes to help ensure digital services meet widely used standards such as WCAG.

Start contract drafting with clear WCAG or equivalent success criteria and testing obligations.

Penalties & Enforcement

The City of Memphis procurement and contract documents do not publish specific monetary fines for website-accessibility noncompliance; details are not specified on the cited municipal procurement pages [1].

  • Monetary fines: not specified on the cited municipal procurement page [1].
  • Federal civil-rights enforcement: the Department of Justice enforces Title II/III ADA obligations for public services and places of public accommodation; specific penalty figures are not specified on the cited DOJ/ADA enforcement page [2].
  • Non-monetary orders: injunctive relief or court orders to remedy accessibility barriers (remediation timelines may be ordered by courts or enforcement agencies).
  • Complaint pathways: contract compliance issues are typically overseen by the City procurement office for contractual remedies; civil-rights complaints about access can be filed with federal agencies.
If a contractual vendor fails to remediate, the city may pursue contract remedies even if municipal pages do not list fines.

Escalation, appeals, and time limits

  • First vs repeat offences: escalation language is not specified on the cited municipal procurement page [1].
  • Appeal and review: contract appeals follow the city's procurement protest and dispute procedures; administrative or judicial appeals of civil-rights enforcement follow federal timetable rules as set by the enforcing agency or court.
  • Defences and discretion: common contract defenses include showing a good-faith remediation plan, undue hardship, or a negotiated variance where the contract or solicitation expressly allows one.

Common violations and typical outcomes

  • Missing text alternatives for images — typically requires remediation and retesting.
  • Keyboard navigation barriers — often corrected by code changes and accessibility testing.
  • Insufficient contract clauses requiring WCAG conformance — remedied by contract amendment or procurement rebid.

Applications & Forms

The city's procurement pages do not publish a standalone accessibility certification form for vendors; no dedicated form is published on the cited municipal procurement page [1]. Vendors should include accessibility statements, test reports, and remediation schedules with bids when required by a solicitation.

How to include accessibility in contracts

Use clear, testable contract clauses specifying standards (for example, WCAG 2.1 AA), deliverables, testing methods, remediation timelines, and acceptance criteria. Require documented automated and manual testing and a remediation escrow or holdback where appropriate.

  • Contract clause: require conformance to WCAG 2.1 AA or later and a remediation plan within a defined number of days after a documented finding.
  • Testing: mandate both automated scans and expert manual testing by an accessibility professional.
  • Holdbacks: include payment holdbacks or deliverable acceptance conditions tied to accessibility verification.
Explicit acceptance tests reduce disputes and speed remediation.

FAQ

Who enforces website accessibility requirements for city contracts?
The City procurement office enforces contractual obligations; federal agencies may enforce civil-rights laws for public-access services.
Are there set fines for noncompliance?
City procurement pages do not list specific monetary fines; federal enforcement penalties are handled by federal agencies and courts and are not specified on the cited ADA enforcement page [2].
What standard should contracts require?
Common practice is to require WCAG 2.1 AA (or later) conformance, plus defined testing and remediation obligations.
How do I file a complaint about an inaccessible city website?
File a contractual compliance complaint with the City procurement office and, for civil-rights claims, follow the federal agency complaint process.

How-To

  1. Define: specify the accessibility standard (for example, WCAG 2.1 AA) and acceptance criteria.
  2. Require testing: mandate both automated scans and manual expert audits before acceptance.
  3. Include remediation: set remediation timelines, reporting requirements, and verification steps.
  4. Protect payments: use holdbacks or conditional acceptance linked to passing accessibility tests.
  5. Monitor and respond: establish a contact for accessibility reports and a process to track remediation until closure.

Key Takeaways

  • Write testable accessibility clauses into solicitations and contracts.
  • Require both automated and manual testing and a remediation schedule.
  • Use procurement dispute and federal complaint routes when remediation fails.

Help and Support / Resources

  1. [1] City of Memphis - Division of Procurement
  2. [2] U.S. Department of Justice / ADA - Enforcement

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