According to a report from WGME in Portland, small businesses in Maine are facing a rising tide of web accessibility lawsuits filed in the state of New York.
The defendants include Lisa-Marie's Made in Maine, a Portland-based business that sells locally crafted products. Lisa-Maire Stewart, who owns the business, says that she settled her lawsuit, which was filed under the Americans with Disabilities Act (ADA) by a plaintiff with a vision disability.
"We were getting letters from all kinds of attorneys in New York saying, 'We want to take your case, we can help you with this lawsuit.' And we're like, 'What lawsuit?'” Stewart told WGME. “We totally thought it was a scam.”
Other Portland businesses have faced similar federal lawsuits filed by the same plaintiff and law firm. Many of the businesses have decided to settle, owing to the substantial costs of defending litigation in New York.
Web accessibility lawsuits can be filed in any state, though state law affects whether those lawsuits are directly profitable for plaintiffs.
While the ADA does not allow plaintiffs to sue for damages, state and municipal laws may allow people to recover damages when plaintiffs can prove that discrimination occurred. In New York, plaintiffs often add additional claims to their cases, which can compel defendants to settle the lawsuits quickly.
According to Accessibility.com’s annual recap of U.S. web accessibility lawsuits, about 70% of the cases filed in 2022 came from New York. California was second, with about 27% of the annual total.
Related: Why New York Leads the U.S. in Digital Accessibility Lawsuits
Title III of the ADA applies to all “places of public accommodation,” which includes businesses open to the public. The Department of Justice (DOJ) has concluded that websites qualify as places of public accommodation.
And contrary to popular misconception, small businesses are frequent targets for ADA lawsuits. In June 2022, a wave of accessibility lawsuits were filed against Northern California wineries; in early 2023, independent California breweries faced similar litigation.
For business owners, it’s important to understand how ADA compliance applies to digital content:
While some businesses choose to defend against ADA lawsuits, that can get expensive. Stewart says that she agreed to settle her case for $9,000, which was far less expensive than fighting the case.
As WGME notes, the ADA does not include technical standards for digital accessibility. However, the Justice Department recommends testing content against the Web Content Accessibility Guidelines (WCAG), the international standards for web accessibility — and the U.S. government’s own Revised Section 508 standards incorporate WCAG by reference.
Businesses should test content against WCAG by using a combination of manual and automated tests. Solutions like the AudioEye Digital Accessibility Platform can make the work easier by automatically remediating certain issues. The platform also provides guidance for fixing accessibility barriers that require human judgment.
Other tips for pursuing a digital compliance strategy:
If you’re building a plan for ADA compliance, we’re here to help. The Bureau of Internet Accessibility provides resources for small businesses, including our free graded web accessibility report.
To learn more, visit our Compliance Roadmap or send us a message to connect with an expert.