ADA WeBSITE Lawsuits

During the last few years, there has been a substantial rise in lawsuits filed against many consumer-facing websites alleging violations of Title III of the ADA. These actions allege that these websites are discriminatory because they are not accessible to people with vision, hearing, or other disabilities. These lawsuits have been filed in federal court and typically seek class action status. The relief sought is primarily injunctive, prohibiting any additional alleged discriminatory activity, and requiring website remediation to allow people with various disabilities to access the content therein, in addition to awards of attorneys’ fees and costs. There are also state and local statutory claims being asserted in certain jurisdictions, such as New York under the ____, claiming that certain websites violate local human rights laws that guarantee equal access for people with disabilities.