In recent years, an alarming trend has emerged in the legal landscape: the filing of mass lawsuits alleging violations of the Americans with Disabilities Act (ADA) due to purported website accessibility deficiencies. While the ADA was enacted to ensure equal access for individuals with disabilities, certain plaintiffs' firms have co-opted its noble purpose as a tool for financial exploitation. This article examines the legal issues surrounding these lawsuits, the motivations behind their proliferation, and strategies for businesses and defense attorneys to combat these predatory practices.
The Legal Framework of ADA Website Accessibility
The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in places of public accommodation (42 U.S.C. ' 12182). Title III of the ADA applies to businesses open to the public and mandates that they provide equal access to goods and services. However, the statute predates the internet era, leaving courts to interpret whether websites qualify as "places of public accommodation." The U.S. Courts of Appeals are divided on this issue. For example, the Ninth Circuit in Robles v. Domino's Pizza, LLC, 913 F.3d 898 (9th Cir. 2019), held that websites and apps connected to physical locations must be accessible under the ADA. Conversely, the Eleventh Circuit in Gil v. Winn-Dixie Stores, Inc., 993 F.3d 1266 (11th Cir. 2021), limited ADA applicability to physical spaces, excluding websites. This legal uncertainty creates fertile ground for litigation. Some courts have argued that websites can independently qualify as public accommodations without needing a physical nexus (e.g., District of Massachusetts in Nat'l Ass'n of the Deaf v. Netflix, Inc., 869 F. Supp. 2d 196 (D. Mass. 2012)).
Although the Fifth Circuit (covering Texas, Louisiana, and Mississippi) has not explicitly ruled on this issue, its ADA decisions emphasize textualist interpretation. In other ADA contexts, the Fifth Circuit has limited expansive readings of the statute when the plain language does not support such interpretations. Based on its history, the Fifth Circuit would likely require a nexus between the website and a physical place of public accommodation. This reasoning aligns with the plain-text reading of Title III and the statutory focus on physical accessibility. Courts within the circuit might echo the Ninth Circuit's logic in Robles, where the ADA applies to websites only if they facilitate access to goods and services of a physical location. Absent such a connection, websites may fall outside the scope of the statute. However, because this issue remains unsettled in the Fifth Circuit, businesses operating in its jurisdiction should act with caution.
If/when a court finds that the ADA applies, the standard for compliance is "reasonable accommodation." The meaning of this standard as it relates to websites is not defined under law, leaving a lot to court interpretation. Many courts and enforcement agencies refer to the Web Content Accessibility Guidelines (WCAG) as the benchmark.
Plaintiffs have found certain hotspots for these suits, where they believe the law is more favorable. For instance, in 2023, 77% of the...
