ADA Covers Websites According to Federal Judges

The trend of federal judges siding with plaintiffs in website accessibility cases continues, with recent rulings in California, Florida, New York and Vermont.  Federal judges have continued to deny motions by defendants to dismiss their case and have found that websites are subject to the ADA.  These recent cases continue to force business to seek out an automated ADA website compliance checker, like AuditGenie.com, to scan their site and make their websites accessible to disabled individuals.

Recent Cases

Florida - Grocer Winn Dixie was sued for having an inaccessible website, the federal judge found in favor of the plaintiff.  The court determined that the grocer violated Title III of the ADA, the judge ordered injunctive relieve, the plaintiff was awarded attorneys fees and costs.

New York - Five Guys' restaurant and retailer Blick.  Two separate federal judges denied motions to dismiss lawsuits against Five Guys' restaurant and the retailer Blick.  The lawsuits alleged that Five Guys' restaurant and  Blick violated the ADA and New York State and City, and civil rights laws.  Both judges determined that websites are subject to the ADA as brick and mortar business are.  The judges further determined that the court did not need to rely upon federal agency regulations to set the standard for a website to violate ADA.  

Vermont - Scribd.  The federal district court in Vermont denied Scribd's motion to dismiss the lawsuit.  The judge determined that a business who only conducts business on the internet is a place of public accommodation under Title III of the ADA.

California- Hobby Lobby.  The federal judge hearing the case denied Hobby Lobby's motion to dismiss the case.  The case is now proceeding to discovery.

Related Article: ADA Website Compliance Checker

Key Takeaways

• A business with a website does not have to have a physical location to be covered by ADA.
• Being in the process of correcting website accessibility errors does not alleviate wrongful behavior. 
• Any website owner should immediately begin taking proactive steps to correct website accessibility errors and use an ADA website compliance checker, like AuditGenie.com, to scan their site.
• Expect more demand letters and more lawsuits against business with a web presence.