Under the federal ADA, a private plaintiff can only ask a court for one thing besides attorney’s fees: an order to fix the website. If the site is already fixed, there may be nothing left for the court to order. Lawyers call that mootness.
Courts don’t take a business’s word for it. To end a claim this way, you have to show that the problems are fully fixed and that there’s no reasonable expectation they’ll come back. Judges call this a formidable burden, and it’s met with sworn statements and testing records, not promises.
New York federal courts have accepted it in website cases. In Diaz v. Kroger (2019), a Manhattan federal judge dismissed a website case as moot after the company showed it had fixed the problems and committed to keeping the site accessible. The court rejected the argument that website cases can never be moot simply because websites change.
More recently, in Jones v. Moscot.com (March 2026), another Manhattan federal judge dismissed the federal claim against an eyewear retailer. The company showed it had worked with an outside accessibility firm since 2023, checked every barrier named in the complaint, fixed the one minor issue it found, and kept testing. The plaintiff offered nothing to contradict that record.
Fixing also changes the fee picture, though not completely. Under the federal ADA, a plaintiff whose claim ends because you fixed the site on your own generally can’t collect attorney’s fees for it, because no court ruled in their favor. New York City’s Human Rights Law is different: it can treat a plaintiff whose lawsuit prompted the change as the winner for fee purposes, even if the change was voluntary. That’s one reason the city law claim matters so much in how these cases settle.