Even as serial ADA lawsuit claims have faced pushback, case numbers still are climbing nationwide, with an estimated 12 percent rise in 2022 compared to the year prior.
The increase in the number of website accessibility lawsuits will create pressure on businesses to devote resources to making their websites accessible to people with disabilities, attorney Minh N. Vu told the Northern California Record by email.
Vu is a partner at the law firm of Seyfarth Shaw who handles labor and employment cases,
It’s estimated that website accessibility complaints make up more than a third of the ADA Title III complaints – those filed against private businesses and non-profits over accommodation measures.
“Businesses need to prioritize website accessibility and budget for making their website accessible and dealing with these lawsuits. It is another cost of doing business,” Vu said.
California now ranks behind New York in number of suits and actually decreased from prior years.
“Both federal and state appellate courts have ruled that online only businesses are not covered by Title III of the ADA,” Vu said. “Thus, we should see a dramatic decrease in website accessibility lawsuits against online only businesses filed in these courts. It should be noted, however, that an online only business can be sued in other jurisdictions that have held that online only businesses are covered by Title III of the ADA.”
Meanwhile, local leaders continue to describe serial ADA filings as a barrier to doing business here.
“All businesses need to figure out how they are going to make their existing website accessible to people with disabilities and ensure that any new websites being developed comply with the Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1 AA,” Vu said.
Gov. Jerry Brown passed legislation to address ADA lawsuit abuse in California, but advocates have urged the legislature for further reforms to help small businesses that often are targeted by serial lawsuit filers.