Businesses across the United States, particularly restaurants and retailers, are facing a sharp increase in lawsuits alleging violations of the Americans with Disabilities Act (ADA) due to inaccessible websites and mobile applications. UB Greensfelder has seen an uptick in the number of St. Louis-based businesses, notably restaurants with online ordering systems, that are receiving such demands, perhaps indicating that these particular area businesses are being targeted.
Background
Under Title III of the ADA, businesses that are considered “places of public accommodation” must ensure equal access to their goods and services, including those offered online. Courts and the U.S. Department of Justice (DOJ) have interpreted this to mean that websites and mobile apps must be accessible to individuals with disabilities, such as, but not limited to, those who are visually impaired and rely on screen readers. While the ADA does not specify technical standards, courts and the DOJ consistently reference the Web Content Accessibility Guidelines (WCAG), specifically WCAG 2.1 Level AA, as the benchmark for compliance.
Potential Risks
Industry-specific businesses including restaurants, e-commerce retailers, media companies, and entertainment brands have been the subjects of many such lawsuits over the past couple of years. Some businesses have faced multiple lawsuits over time, highlighting the need for ongoing compliance, regular accessibility audits, and continued legal counsel. The risks of non-compliance or ignoring demands, such as the legal costs involved in defending a lawsuit, reputational damage from public records, and operational disruption, require businesses to take proactive steps to avoid repercussions.
Next Steps
Businesses should consider the following proactive measures to potentially avoid repercussions ahead of receiving a demand alleging violations:
- Conduct an accessibility audit of the business website.
- Remediate common issues and establish a plan to address the issues.
- Implement ongoing monitoring with regular updates and testing.
- Train internal teams and consultants on best practices and required policies.
