ADA Website Lawsuits – Update 2025
Over the past year, the legal landscape in the Eight Circuit, including both Missouri and Minnesota, have seen a surge of over 200 lawsuits involving business websites which are alleged to be in violation of Title III of the ADA. These ADA website lawsuits are bringing the accessibility of business websites to the forefront for these businesses.
By way of example, Robert G. Myers, a sight impaired man from Hamilton, Missouri, has filed 39 lawsuits in federal court located in Kansas City, Missouri since August 2024, targeting area businesses based on the allegation that their websites are incompatible with his screen access software. It is suspected that many more demand letters have been sent to unsuspecting Missouri business owners.
Julie Dalton, a sight imparted women from Hennepin, Minnesota has filed 92 lawsuits in federal court in Minneapolis, Minnesota since January 2024, targeting area businesses based on the allegation that their websites are incompatible with her screen reading software. It is suspected that many more demand letters have been sent to unsuspecting Minnesota business owners.
This wave of litigation highlights the growing importance of ADA compliance in the digital realm and serves as a wake-up call for businesses across the state and beyond.
The Nature of the ADA Website Lawsuits
Myers, represented by Kevin Puckett of ADA Legal Team LLC in Kansas City, alleges violations of the Americans with Disabilities Act (ADA) in his lawsuits. The core of these ADA website lawsuits is the claim that incompatible websites deny full and equal access to companies’ products, content, and services for individuals with disabilities. This legal action is premised upon the fact that blind and low visition individuals are unable to navigate the internet using the screen reader software and that one time fixes will not allow the software to remain accessible without corresponding changes in the business policies to ensure these individuals will be able to continuously access the businesses digital platforms.
Dalton, represented by Jason D. Gustafson of Throndset Michenfelder, LLC in Minneapolis, on behalf of herself and others who are similarly situated, alleges violations of the Americans with Disabilities Act (ADA) in her lawsuits and under the Minnesota Human Rights Act (MHRA). Like Myers’ claims, the main thrust of Dalton’s claims is that the business websites are incompatible with her screen reader software for navigating the internet.
The Impact on Local Businesses
The ADA website lawsuits in Missouri have targeted a diverse range of establishments, including:
- Sunrise Dispensary
- Chappell’s Restaurant & Sports Museum
- Andy’s Frozen Custard Stores
- Jazzy B’s
- Habanereo’s Home of the Flying Pepper
- Kansas City Comets
- Kauffman Center for the Performing Arts
- Blue Springs City Theatre
- Pickleman’s
- Red Barn Food and Wind
- Fresh Green
- Brycorp
This wide-ranging list demonstrates that no sector is immune to these ADA website lawsuits, emphasizing the need to address digital accessibility.
The Legal Process and Potential Consequences
Myers’ and Dalton’s approach involves first informing companies of their accessibility barriers. If these issues are not addressed within two months, they typically proceed with filing a lawsuit. The legal demands typically include:
- Requiring compliance with the ADA
- Mandatory annual web accessibility training
- Payment of attorney fees, court costs, and expenses
Defending against these ADA website lawsuits can be challenging and costly. While there is limited information which is publicly avaible, according to Accessibe the average settlement for an ADA website case can range between $5,000 and $20,000, not including the annual training, the cost of time and resources for the businesses to address and the legal fees spent on defense. Factoring into the equation, the overall financial costs can exceed $40,000. This financial burden makes it imperative for businesses to proactively address accessibility issues.
The Importance of Website Accessibility
The surge in ADA website lawsuits underscores the critical importance of reviewing digital accessibility. As our world becomes increasingly digital, ensuring that websites are accessible to all users is not just a legal requirement but a moral imperative. Accessible websites benefit not only individuals with disabilities but also improve overall user experience and can lead to increased traffic and customer satisfaction.
Steps Towards Compliance
To avoid becoming a target of ADA website lawsuits, businesses should take proactive steps to ensure their websites are accessible. The first step is to check your current site for ADA accessibility. Submit your website url today for a free report on your website’s compliance on ADA accessibility. Once we run the report, we will contact you to review the report and highlight any issues. As a result of the report, we may recommend that you a third-party software for ADA access such as Accessibe ADA software.
A typical ADA accessibility report, will focus on the following areas:
- Color Contrast: Ensure strong color contrast between foreground content and background colors.
- Accessible Buttons: Integrate accessible naming conventions and ARIA labels for all website buttons.
- Alt Text: Provide detailed descriptions for all graphical elements.
- Video Captions and Audio Descriptions: Include text equivalents for multimedia content.
- Simplified Forms: Ensure online forms are clearly labeled and keyboard-accessible.
- Accessible Fonts: Use fonts that are easy to read, especially for users with dyslexia.
- Content Zooming: Enable browser functionality for users to enlarge text and content.
- Keyboard Navigation: Ensure all site elements can be navigated using a keyboard.
The Role of Automated Solutions
While manual audits are valuable, automated solutions may be preferrable to ensuring that your site maintains ongoing accessibility, providing the business with regular accessibility scans and automated audits to identify issues before they become legal liabilities. Some of these tools can be particularly useful for websites that are frequently updated, ensuring that accessibility standards are consistently met.
Legal Landscape and Future Trends
The Department of Justice has clarified that both Title II and Title III of the ADA apply to websites and other digital assets. U.S. courts at both state and federal levels have consistently supported this interpretation, ruling that inaccessible websites violate the ADA. As we look towards 2025 and beyond, it’s clear that ADA website lawsuits will continue to be a significant concern for businesses.
Check Your Website’s Compliance
Given the potential legal and financial risks associated with non-compliance, it’s crucial for businesses to assess their website’s accessibility. We encourage all business owners to contact us to provide a free website evaluation of their website’s. This free initial assessment of your website’s accessibility can highlight areas that may need improvement.
Seeking Legal Assistance
If your business has received a letter regarding ADA compliance from either Robert Myers or Julie Dalton, or is facing an ADA website lawsuit, it’s crucial to seek experienced legal counsel promptly. Our law firm specializes in technology matters and assisting businesses with their litigation needs. We can help you seek resolution of your ADA and digital accessibility issues. We can provide the guidance and representation needed to navigate these complex legal waters and work towards a resolution that protects your business while ensuring accessibility for all users.
The rise of ADA website lawsuits in Missouri and Minnesota serves as a stark reminder of the importance of remaining informed about the evolving technical issues for your business, remaining complaint and informed. By taking proactive steps to ensure compliance, businesses can not only avoid legal troubles but also demonstrate their commitment to inclusivity for all users.
Our attorneys have substantial federal litigation experience. Contact us today, to discuss your website, your business technical issues, your business branding may be impacted by your website and let us help you stay ahead of digital and accessibility requirements for your business. Remember, when it comes to technology issues, including ADA website lawsuits, prevention is always better than cure. Contact us today to help protect your business.