The internet has transformed commerce, but for individuals with disabilities, inaccessible websites create significant barriers to equal access. Under Title III of the Americans with Disabilities Act (ADA), businesses are required to ensure their websites provide full and equal enjoyment of goods, services, and information to all users. Our firm specializes in ADA website accessibility litigation, representing clients who encounter obstacles such as screen reader incompatibilities, missing alternative text for images, inaccessible forms, or navigation issues that prevent equitable use. With over 11,000 ADA-related lawsuits projected in 2019 and a continued rise in subsequent years, courts are increasingly recognizing websites as places of public accommodation, regardless of whether they are tied to a physical location.
High-profile cases illustrate the growing importance of this issue. For example, a legally blind woman sued Kylie Cosmetics for operating a website incompatible with screen reader software, limiting her ability to shop online. Similarly, in Robles v. Domino's Pizza, LLC (913 F.3d 898, 9th Cir. 2019), the Ninth Circuit ruled that Domino’s website violated the ADA by denying access to a blind plaintiff using screen readers. The Supreme Court’s decision not to review this case in 2019 (140 S. Ct. 122) reinforced the obligation of businesses to make their online platforms accessible. Other notable lawsuits, such as those against Apple, Beyoncé’s website, and major retailers like Amazon and Netflix, underscore the real-world impact of digital inaccessibility on individuals with visual, auditory, or cognitive disabilities.
Despite these advancements, a circuit split persists. The First and Second Circuits interpret Title III broadly, viewing websites as public accommodations (e.g., Carparts Distrib. Ctr., Inc. v. Auto. Wholesaler’s Ass’n, 37 F.3d 12, 1st Cir. 1994). Conversely, the Ninth and Eleventh Circuits often require a “nexus” to a physical location (e.g., Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 9th Cir. 2000). However, cases like Gil v. Winn-Dixie Stores, Inc. (257 F. Supp. 3d 1340, S.D. Fla. 2017) and Haynes v. Dunkin’ Donuts LLC (741 F. App’x 752, 11th Cir. 2018) demonstrate progress, holding that websites serving as gateways to services must be accessible. We advocate for a broader interpretation, supported by Supreme Court precedents like PGA Tour, Inc. v. Martin (532 U.S. 661, 2001) and South Dakota v. Wayfair, Inc. (138 S. Ct. 2080, 2018), which adapt federal laws to modern technology, treating the internet as a public space.
Approximately 56 million Americans lived with disabilities in 2010, and one in four disabled adults relies on technology to access the internet. Inaccessible websites exclude these individuals from participating in the digital marketplace, whether shopping, accessing services, or obtaining information. Common barriers include lack of alternative text for images, incompatible screen readers, or navigation requiring a mouse instead of a keyboard. The ADA, enacted in 1990, was designed to eliminate discrimination, and its broad purpose adapts to technological advancements. The Department of Justice (DOJ) has consistently affirmed since 1996 that websites are places of public accommodation, emphasizing compliance with the Web Content Accessibility Guidelines (WCAG), the international standard for web accessibility.
ADA Title III lawsuits surged by 34% from 2017 to 2018, with website accessibility cases tripling to over 2,250 in 2018 alone. States like California, New York, and Florida lead in filings, with California seeing 2,444 cases in the first half of 2019. The circuit split creates uncertainty for businesses: e-commerce platforms like Kylie Cosmetics may evade liability in some jurisdictions by operating solely online, while brick-and-mortar retailers with websites, like Glossier, face stricter scrutiny. This inconsistency, highlighted in cases like National Association of the Deaf v. Netflix, Inc. (869 F. Supp. 2d 196, D. Mass. 2012), allows some businesses to avoid compliance by lacking a physical presence. However, Supreme Court decisions expanding federal laws to cover technology (e.g., Packingham v. North Carolina, 137 S. Ct. 1730, 2017) support a broader ADA application, ensuring equal access in the digital era.
Our firm provides end-to-end legal support for ADA website accessibility claims, combining technical expertise with aggressive advocacy to secure justice and drive systemic change.
Every case begins with a thorough, confidential, and free review of your experience. If you’ve faced barriers on a website—such as inability to navigate with a screen reader, access forms, or complete transactions due to inaccessible design—our intake process evaluates your claim’s viability under the ADA.
We take the time to understand the specific barriers you encountered, such as missing alt text, inaccessible drop-down menus, or lack of keyboard navigation, and how these impacted your ability to shop, book services, or access information online.
Our experienced attorneys analyze critical details, including filing deadlines, jurisdiction, and whether your claim suits an individual lawsuit or a class action. We review any documentation you provide, such as screenshots or correspondence, and may conduct preliminary accessibility testing to strengthen your case.
Transparency is key. We clearly explain your legal pathways—whether a demand letter, settlement negotiations, or litigation—so you understand the process, potential outcomes, and your rights under the ADA. This empowers you to make informed decisions.
Proving ADA violations requires robust evidence of non-compliance. We collaborate with trusted accessibility experts to conduct comprehensive audits and testing, ensuring your case is built on a solid foundation.
Our experts perform detailed audits to identify WCAG violations, such as missing alt text, poor color contrast, inaccessible forms, or scripts incompatible with assistive technologies. These audits provide technical evidence of barriers.
Beyond automated audits, we conduct hands-on testing with screen readers and other assistive technologies to demonstrate real-world barriers. This user-focused evidence highlights the human impact of inaccessibility, making your case more compelling in court or negotiations.
Audit and testing results are compiled into professional reports that combine technical details with practical examples. These reports support your claim during settlement talks or litigation, providing credible evidence of ADA violations.
Our attorneys integrate technical findings with legal arguments, creating a factually sound and persuasive case. This dual approach ensures your claim is robust and defensible against opposing arguments.
Many ADA cases resolve through settlement, offering a faster path to remediation and compensation without the need for a trial. Our team negotiates to secure meaningful outcomes.
We pursue legally enforceable agreements that mandate website accessibility fixes, establish compliance timelines, and, where applicable, include financial compensation for damages and attorney’s fees.
Settlements often lead to quicker accessibility improvements, benefiting not only you but also the broader disabled community. They hold businesses accountable while avoiding lengthy litigation.
Our attorneys negotiate with persistence and clarity, ensuring agreements prioritize your interests and address root issues. If negotiations stall or yield inadequate offers, we are prepared to escalate to litigation.
When website accessibility barriers affect a large group, class action lawsuits amplify impact, holding businesses accountable for widespread discrimination.
By combining claims from multiple individuals facing similar barriers, class actions demonstrate systemic issues, increasing pressure on businesses to implement reforms and making it harder for them to dismiss violations.
Class actions seek monetary compensation and court-ordered accessibility overhauls, benefiting all affected users. These cases drive systemic change, ensuring long-term compliance. We would coordinate all aspects to maximize outcomes.
When settlement is not possible, our experienced litigators are ready to fight for you in court, advocating aggressively for your rights under the ADA.
We handle every stage of litigation, from drafting complaints and managing discovery to filing motions and presenting arguments before a judge. Our team ensures all legal requirements are met with precision.
We pursue injunctive relief to enforce accessibility fixes, seek damages where applicable, and challenge defenses aimed at minimizing responsibility. Our goal is to achieve the strongest possible outcome.
Litigation can be daunting, but we keep you informed and supported throughout. We provide clear updates, explain each step, and work closely with you to make strategic decisions that align with your goals.
If you’ve been denied equal access to a website due to a disability, don’t wait to assert your rights. Contact us today for a free, no-obligation case review. Our team is dedicated to enforcing your rights under the ADA, securing justice, and driving meaningful accessibility improvements in the digital space.