Much like everything else in our modern society, Americans with Disabilities Act (“ADA”) litigation has moved to the Internet with a surge of website accessibility lawsuits in federal and state courts. Visual- and hearing-impaired plaintiffs filed an estimated 814 ADA Title III lawsuits alleging that business websites were not accessible to individuals with disabilities.
The ADA’s non-discrimination mandate requires that “public accommodations” provide qualified individuals with disabilities equal access to their programs, services or activities unless doing so would fundamentally alter the nature of their programs, services or activities, or would impose an undue burden.
Do I Need An ADA Compliant Website?
Businesses that provide goods or services to the public almost always qualify as “public accommodations” under the ADA, regardless of their size. Examples include restaurants, hotels, theaters, retail stores, shopping malls, service establishments, property management companies, dry cleaners, pharmacies, doctors’ and dentists’ offices, museums, libraries, zoos, parks and bowling alleys.
While the ADA was traditionally intended to cover physical buildings, locations and spaces for these public accommodations, its general accessibility mandate now extends to websites. Where a website is heavily integrated with physical locations and operates as a gateway to them, the courts have typically found that the website is a service of a public accommodation covered by the ADA.
Related Insights