In recent years, New York has become a major hotspot for lawsuits related to digital accessibility under the Americans with Disabilities Act (ADA). As businesses increasingly rely on websites, mobile apps, and other online tools, it is no longer enough to make physical spaces accessible.
Today, digital platforms must also meet the same standards of accessibility as brick-and-mortar stores. Failing to do so can place a business at risk for costly and time-consuming legal challenges. Nowhere is this truer than in New York, where state and federal laws and a welcoming environment for plaintiffs have combined to create a surge in such cases.
It is important to understand why these lawsuits are happening and what your business can do to protect itself. By taking a close look at the trends, legal requirements, and strategies for achieving digital accessibility, companies can avoid expensive legal battles, improve their brand image, and tap into a wider range of customers.
Why is Accessibility So Important?
The ADA was created to ensure that people with disabilities have the same access and opportunities as everyone else. At first, many people focused on making physical spaces accessible. This included adding wheelchair ramps, elevators, and braille signs. Today, though, access also means making sure that websites, online stores, and mobile apps are easy for everyone to use. For example, a person with low vision may rely on a screen reader to understand the content on a website. If the site is not coded correctly, that user might struggle to shop online, book a hotel room, or order food.
When websites are hard for people with disabilities to use, it doesn’t just cause frustration—it can also be illegal. The ADA applies to many online experiences, and New York’s own laws add even more layers of protection for people with disabilities. All businesses that sell products or services online need to understand these rules, especially if they serve customers in New York.
Understanding the Rise in New York Lawsuits
In 2023, more than 4,500 ADA-related digital lawsuits were filed across the country—about 500 more than the previous year. New York has been at the center of this growth. While it previously trailed California, New York now accounts for a large share of all website accessibility cases filed in federal and state courts. Some experts estimate that New York makes up nearly three-quarters of these claims nationwide.
What is causing this surge? A few key factors stand out:
Plaintiff-Friendly Courts
New York courts have a history of being friendly toward plaintiffs in ADA cases. Judges in the state are often willing to recognize a wide range of digital platforms as places of “public accommodation” under the law. This means more online businesses can be held responsible for failing to meet accessibility standards.
Multiple Layers of Law
Businesses must follow both the federal ADA rules and New York’s own state laws, such as the New York State Human Rights Law (NYSHRL). The NYSHRL can offer extra paths for plaintiffs to sue, making it easier and more appealing to file claims in New York than in some other states.
Active Plaintiffs and Law Firms
New York is home to many “serial plaintiffs” and law firms that specialize in ADA lawsuits. These are individuals and groups who regularly file new claims, often targeting multiple businesses at once. Their ongoing efforts help drive up the total number of cases filed each year.
Industries Under the Microscope
All kinds of businesses have faced ADA lawsuits in New York. E-commerce sites, which sell everything from clothing to electronics, are often hit the hardest. Since most online shopping involves browsing pictures, reading descriptions, and clicking through links, any barrier for people with disabilities can lead to serious issues. For instance, a person who cannot see images needs text alternatives (often called “alt text”) to understand what is being sold. Without alt text, the shopping experience is blocked.
Restaurants and hospitality businesses are also common targets. Online menus, booking systems, and reservation forms must be designed so that people using assistive technology can navigate through them. Even online videos need captions or audio descriptions for those who cannot see or hear well.
Other industries, such as entertainment, real estate, banking, and healthcare, are also under scrutiny. If you run any kind of website that reaches customers in New York, there is a risk that you could face a lawsuit if your site is not accessible.
You Don’t Have to Be Based in New York
One common misunderstanding is that these lawsuits only affect businesses physically located in New York. That is not true. If your website or app is accessible to New York consumers—and especially if you sell goods or services to them—you can be drawn into a New York court. The internet is not limited by borders, and plaintiffs can argue that you are “doing business” in New York if you serve customers there.
The Costs of Non-Compliance
The financial consequences of being sued for ADA violations can be serious. Settlements can run anywhere from $10,000 to $100,000, and that does not include the cost of hiring lawyers, spending time in court, or fixing your website to meet legal standards after the fact. Beyond money, your company’s reputation is at stake. Customers who learn that you do not prioritize accessibility might choose to shop elsewhere.
Moreover, ignoring accessibility means ignoring a huge market. According to the Centers for Disease Control and Prevention (CDC), about 26% of American adults live with a disability. They and their families represent hundreds of billions of dollars in spending power. Making your digital platforms welcoming to them is not just the right thing to do—it also makes good business sense.
Keys to Avoiding Lawsuits: Proactive Accessibility
The best way to avoid a lawsuit is to make your website or app accessible before anyone complains. Here are some steps you can take:
Run an Accessibility Audit
Start by checking your current digital platforms for common barriers. Use both automated scanning tools and manual testing by people with disabilities, if possible. Automated tools can highlight common issues, such as missing image descriptions or poor color contrast. Manual testers can provide real-world feedback on what it’s like to use your site with assistive technology.
Meet WCAG Standards
The Web Content Accessibility Guidelines (WCAG) are considered the gold standard for making web content accessible. WCAG 2.1 at the AA level is often the target that businesses aim to meet. These guidelines cover areas like making sure images have descriptive text, ensuring that videos have captions, and checking that all parts of the site can be reached with a keyboard instead of a mouse.
Train Your Team
Accessibility should not be an afterthought. Teach your web designers, developers, and content creators to build accessibility into their work from the start. Simple habits—like always adding alt text to images, using proper headings, and ensuring enough color contrast—can go a long way toward meeting legal requirements.
Keep Accessibility in Mind When Updating
The work does not end once you meet accessibility standards. Each time you add new content, update your platform, or roll out a new feature, test again to make sure it is still accessible. Accessibility is an ongoing process, not a one-time project. Tools like 216digital’s a11y.Radar service offer ongoing monitoring to help businesses stay ahead of potential issues.
Seek Professional Help
If you are uncertain about how to meet ADA requirements, consider reaching out to consultants or legal experts who specialize in ADA and NYSHRL compliance. They can guide you through the process, help you find the right tools, and make sure that your efforts meet current standards.
Building an Inclusive Digital Presence
Instead of seeing accessibility as a burden, consider it an opportunity. By welcoming all users, you show that you value fairness, inclusion, and excellent customer service. Making your site easier to navigate benefits everyone, not just people with disabilities. Clear layouts, good contrast, easy-to-understand language, and well-organized menus make the online experience better for all visitors.
Plus, many accessibility improvements help with search engine optimization (SEO). For example, adding accurate captions to images or videos can help search engines understand your content, possibly boosting your ranking in search results. This can attract even more customers over time.
A Changing Legalscape
The surge in ADA accessibility lawsuits in New York is not just a short-term trend. It reflects a broader shift in how the internet is regulated and how society views equal access. Lawmakers, judges, and advocacy groups are paying closer attention to digital accessibility than ever before. It is wise to expect that these standards will continue to evolve and become even stricter over time.
By acting now, you can keep up with changing rules and avoid being caught off guard. The earlier you start, the easier it is to maintain compliance as the laws and guidelines update.
Take the First Step with 216digital
Prioritizing digital accessibility is about more than avoiding lawsuits—it’s about doing what’s right for all your customers and creating an online experience that everyone can enjoy. For businesses that serve customers in New York, the urgency is clear. The state leads the nation in ADA accessibility lawsuits, and companies that fail to act risk legal challenges, financial loss, and damage to their reputation.
The good news is that you don’t have to navigate these challenges alone. By scheduling an ADA briefing with 216digital, you can gain clarity on the legal requirements, identify gaps in your digital accessibility, and get expert advice on how to achieve compliance. Our team takes a human-centered approach, combining technical expertise with actionable strategies to protect your business and build a more inclusive online presence.
Don’t wait for a lawsuit to take action. Schedule your ADA briefing with 216digital today, and let us help you stay ahead of the curve while creating a better digital experience for all.
