The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination and ensure equal opportunities for people with disabilities, promoting accessibility in physical spaces, employment, transportation, and communication. Its core intent was, and still is, to remove barriers, offering individuals with disabilities equitable access to spaces, services, and information. Yet, as technology evolved, so did the legal landscape. 

Today, ADA lawsuits increasingly target digital spaces, focusing on web accessibility. However, many argue that many of these cases may be financially motivated rather than genuinely aimed at improving user accessibility.

This article will explore whether ADA lawsuits in the digital realm truly address accessibility concerns or have become vehicles for profit, disproportionately affecting small businesses and often failing to create meaningful accessibility changes.

ADA’s Original Purpose: Accessibility for All

Digital spaces were in their infancy when the ADA was introduced, and web accessibility wasn’t yet a primary focus. Over time, however, the need for digital accessibility became apparent as websites and apps became essential tools for daily life. The ADA’s promise of equal access naturally extended into these new spaces, with courts ruling that websites should be accessible to individuals with disabilities. In principle, these lawsuits aimed to push businesses toward compliance, making the digital world as accessible as the physical one.

However, the sharp increase in web accessibility lawsuits has sparked debates. While some argue that these lawsuits hold businesses accountable, others claim they’ve strayed from the ADA’s purpose and are instead exploited for financial gain.

The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

Data shows a dramatic increase in ADA-related digital accessibility lawsuits. According to a report from UsableNet, over 4,000 digital accessibility lawsuits were filed in 2023 alone, with the majority in industries like retail, food service, and e-commerce. Many of these lawsuits are part of what some legal experts call “drive-by” or “surf-by” suits, where plaintiffs—or law firms—quickly identify accessibility issues, sometimes without ever attempting to use the site.

A well-known case involves Domino’s Pizza, which was sued by a visually impaired man who claimed the company’s website and mobile app were incompatible with his screen reader, making ordering food online impossible. In this instance, the lawsuit gained national attention, ultimately resulting in the Ninth Circuit Court ruling in favor of the plaintiff. While this case had an accessibility-focused outcome, it highlighted the complexities of web accessibility requirements under the ADA. Smaller businesses, however, often lack the resources to navigate lengthy litigation, and settlements can be a quicker option.

High-Profile Examples and “Drive-By” Suits

Certain plaintiffs and legal firms have been linked to hundreds, if not thousands, of ADA lawsuits. These “drive-by” or “surf-by” suits are often filed in large batches across multiple jurisdictions, targeting businesses with minor web accessibility issues. In these cases, it’s common for plaintiffs and attorneys to demand settlements without requiring that accessibility issues be addressed. This approach raises questions about the true intention behind these cases: Are they serving individuals with disabilities or simply a means to extract settlements?

High-profile cases aside, small businesses bear the brunt of such lawsuits. For example, a local bakery or a small online retailer with limited technical knowledge and budget may unknowingly operate a website that needs to be fully ADA-compliant. When targeted by a lawsuit, they often find the cost of defending themselves too high, pushing them toward a settlement which rarely requires accessibility improvements.

The Disproportionate Impact on Small Businesses

Due to limited resources and awareness, small businesses are especially vulnerable to ADA lawsuits. Unlike large corporations, small business owners often lack dedicated legal or compliance departments, making it difficult for them to implement and maintain accessible websites. The financial strain can be significant; they face legal fees, potential settlements, and the cost of redesigning their websites for compliance.

For many small businesses, even the threat of an ADA lawsuit is enough to cause financial stress. Paying legal fees and settlements can exhaust their budgets, sometimes leading to layoffs or even closures. While larger businesses may view these costs as part of risk management, small businesses face disproportionate consequences despite representing a smaller fraction of the digital marketplace.

Are ADA Lawsuits Leading to Real Accessibility Improvements?

With the increase in ADA lawsuits, one might assume that digital accessibility has improved dramatically. However, evidence suggests otherwise. Many cases settle out of court without requiring the business to make its website accessible. In these instances, settlements may address plaintiffs’ demands but leave broader accessibility issues unresolved.

While larger companies might use settlements to improve accessibility, smaller businesses often struggle to implement changes even after legal action. Without clear guidelines from the ADA on web accessibility standards, businesses are left in a legal gray area, leading to inconsistent and often inadequate improvements. For meaningful change, legal actions would need to enforce accessibility upgrades as part of their resolutions. Unfortunately, in many cases, financial gain appears to take precedence over accessibility outcomes.

How to Protect Yourself from Frivolous ADA Lawsuits

Despite the challenges, businesses can proactively mitigate the risk of ADA lawsuits and ensure their websites are accessible. Here are several strategies:

Conduct Regular Accessibility Audits

Regularly assessing your website for accessibility compliance is essential. Automated tools and manual testing can help you catch and fix issues that may otherwise go unnoticed. While automated tools can identify many technical problems, manual testing is often necessary to ensure a website is accessible.

Follow WCAG Guidelines

The Web Content Accessibility Guidelines (WCAG) 2.1 are the global standard for web accessibility. While not legally binding under the ADA, adhering to these guidelines demonstrates a commitment to accessibility and can help businesses defend themselves against lawsuits.

Partner with Accessibility Experts

Hiring an external firm with expertise in web accessibility can provide invaluable insights and help you develop a compliance strategy. Accessibility experts like 216digital understand the nuances of ADA and WCAG compliance, making them well-equipped to help businesses avoid common pitfalls.

Stay Informed on Legal Trends

ADA compliance in the digital space is rapidly evolving, and staying informed on relevant lawsuits and rulings can help businesses understand potential risks. Engaging with industry groups or associations that focus on digital accessibility can also provide guidance and resources.

Maintain Documentation and Accessibility Policies

Documenting your efforts to comply with accessibility standards can help demonstrate a proactive approach. Maintaining a web accessibility policy and records of improvements can strengthen your defense if faced with a lawsuit.

Moving Toward Meaningful Change in Web Accessibility

For ADA lawsuits to truly serve their intended purpose, they need to result in real accessibility improvements rather than financial settlements alone. While some cases serve as important reminders for businesses to make their websites accessible, the prevalence of drive-by suits highlights the need for more explicit standards and legal reform. Small businesses, in particular, require more guidance and support to achieve compliance without facing financial ruin.

A Call for a Balanced Approach

In conclusion, ADA lawsuits can be a powerful tool for advancing web accessibility, but only if they prioritize access over profit. For meaningful progress, lawsuits should focus on enforcing change rather than leveraging settlements. By adopting proactive accessibility strategies, businesses can protect themselves from frivolous lawsuits and contribute to a more inclusive digital landscape for all users.

By taking steps to prioritize accessibility, companies can reduce their exposure to ADA lawsuits and ensure that their websites are accessible to all users, fulfilling the original purpose of the ADA. For any organization, compliance is a legal obligation and an opportunity to create an inclusive and user-friendly digital experience.

Ready to get started? Schedule a complimentary ADA strategy briefing with 216digital today. Let’s work together to protect your online business!