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Navigating the American Disability Act (ADA) Website Rule: How to Avoid Costly Lawsuits and Ensure Accessibility for All

The Americans with Disabilities Act (ADA) was established in 1990 to ensure equal opportunities for individuals with disabilities. One of the many provisions of this act is to ensure that businesses make their websites accessible to individuals with disabilities. Over the years, lawsuits filed against businesses for non-compliance with the ADA website rule have been on the rise.

If you are facing an ADA lawsuit, the New York ADA defense lawyers at The Samuel Law Firm can assist you.

Understanding the ADA Website Rule

The ADA website rule mandates that businesses must make their websites accessible to individuals with disabilities, including those with visual, auditory, or physical impairments. This rule aims to ensure that individuals with disabilities have the same opportunities to access information and services online as those without disabilities.

The Department of Justice (DOJ) has not yet established specific guidelines for ADA website compliance. Still, there are web content accessibility guidelines (WCAG) 2.1 set by the World Wide Web Consortium (W3C) providing guidance on how to make websites accessible. These guidelines include providing text alternatives for non-text content, ensuring that content is navigable by keyboard, and making sure that the website is compatible with assistive technologies such as screen readers.

The Increasing Number of Lawsuits

The number of lawsuits filed under the ADA website rule has been steadily increasing in recent years. In 2018 alone, there were over 2,200 lawsuits filed, a 177% increase from the previous year. In 2020, there were over 3,500 lawsuits filed, a 23% increase from the prior year. This trend is expected to continue as more individuals become aware of their rights under the ADA and businesses continue to struggle with website accessibility compliance.

Companies Sued for Non-Compliance

1.Winn-Dixie Stores Inc. – In 2017, a visually impaired individual filed a lawsuit against the grocery chain, claiming that its website was not accessible to individuals who use screen readers. The court ruled in favor of the plaintiff, ordering Winn-Dixie to make its website accessible and pay the plaintiff’s legal fees, totaling $250,000.
2.Domino’s Pizza LLC – In 2019, the Supreme Court declined to hear an appeal from Domino’s Pizza, which was sued by a blind customer claiming that the company’s website and mobile app were not accessible to individuals using screen readers. The lower court had ruled in favor of the plaintiff, and Domino’s was ordered to pay the plaintiff’s legal fees, totaling $38,000.
3.Hooters of America LLC – In 2020, a visually impaired individual sued the restaurant chain, claiming that its website was not accessible to individuals who use screen readers. Hooters settled the lawsuit and agreed to make its website accessible and pay the plaintiff’s legal fees, totaling $35,000.
4.Blick Art Materials LLC – In 2020, a visually impaired individual sued the art supply retailer, claiming that its website was not accessible to individuals who use screen readers. The court ruled in favor of the plaintiff, ordering Blick Art Materials to make its website accessible and pay the plaintiff’s legal fees, totaling $100,000.
5. Five Guys Enterprises LLC – In 2021, a blind individual filed a lawsuit against the restaurant chain, claiming that it’s website and mobile app were not accessible to individuals using screen readers. Five Guys settled the lawsuit and agreed to make its website accessible and pay the plaintiff’s legal fees, totaling $16,000.

How the Samuel Law Firm in New York Can Assist

The Samuel Law Firm in New York has extensive experience in representing businesses facing lawsuits for lack of ADA website compliance. Our New York ADA defense law firm provides a comprehensive range of services to help businesses ensure that their websites are compliant with ADA requirements. If you are facing litigation because of an alleged ADA website claim, contact us now for a free, confidential consultation.

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Do You Have A Legal Issue We Can Help With?

If you are looking for a personal injury attorney in New York, have a wage and hour claim or are involved in web accessibility litigation, consider Samuel Law Firm. Our attorneys are approachable and responsive, available 7 days a week to provide you with instant legal help and solid advice.