Website accessibility has become one of the most active areas of ADA enforcement nationwide. Over the past two years alone, our firm has represented and defended ten federal cases involving businesses sued for allegedly failing to maintain ADA-compliant websites. These businesses ranged from restaurants and motels/inns to retail stores, including shoe stores—demonstrating that no industry is immune.
In nearly every case, the business owner believed they were compliant or had been told by their web developer or IT provider that their website met accessibility standards. Unfortunately, that was not the case. ADA website compliance is a legal determination, not a technical opinion, and reliance on informal assurances often proves costly.
As a practical indicator, if you visit your business website and do not see an accessibility icon—often depicted as a figure inside a circle—typically located in a corner of the page, your site is likely not compliant. While not a guarantee of compliance on its own, the absence of this feature is often a red flag.
Title III of the ADA and Website Obligations
If your business is open to the public and offers goods or services, Title III of the Americans with Disabilities Act requires that individuals with disabilities be afforded equal access. Courts across the country have increasingly interpreted this requirement to include business websites, even when the statute itself predates the modern internet.
Thousands of ADA website lawsuits are now being filed nationally each year, and the trend continues to grow. Businesses of all sizes—and in all sectors—are being targeted. There is no exemption based on size, location, or intent.
Litigation, Settlements, and Compliance
In our experience, once a lawsuit is filed, the issue is no longer whether compliance is required, but how quickly and cost-effectively the matter can be resolved. We have successfully settled every ADA website case we have handled for significantly less than the cost of litigating the case through trial. These settlements typically include a requirement that the business bring its website into compliance, often within a one-year timeframe.
Proactive compliance is almost always less expensive than reactive litigation.
What to Do If You’ve Been Sued—or Want to Avoid It
If your business has already been sued, early legal guidance is critical. If you have not been sued but want to reduce your risk, addressing website accessibility now is a prudent step. A first call to your business IT provider or web developer is a good starting point, but legal oversight is essential to ensure that technical updates align with evolving legal standards.
If you have questions about ADA website compliance, have received a demand letter, or are facing a lawsuit, we invite you to contact us to discuss your options.
