1:15 PM, Nov. 12, 2018 This story incorrectly says that nearly 5,000 ADA lawsuits were filed in federal court for alleged website violations in the first six months of 2018 and that 10,000 were projected to be filed by year’s end, up 30% from 2017. Those numbers actually refer to all ADA lawsuits for disability discrimination involving public accommodation filed in that period. Of those suits, lawsuits alleging website accessibility violations totaled 1,053 in the first six months, a number that is projected to rise to 2,000 by year’s end, up 90% from 2017.
However, in states that have enacted laws that allow private individuals to win monetary awards from non-compliant businesses (as of 2008, these include California, Florida, Hawaii, and Illinois), "professional plaintiffs" are typically found. At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission.[55] Through the end of fiscal year 1998, 86% of the 106,988 ADA charges filed with and resolved by the Equal Employment Opportunity Commission, were either dropped or investigated and dismissed by EEOC but not without imposing opportunity costs and legal fees on employers.[50]
"Universal design" is a broader, more comprehensive "design-for-all" approach to the development of architecture around human diversity. It recognizes the changing diversity of needs important to all types of people regardless of their varying age, ability, or condition, during an entire life. By comparison, "accessibility" has traditionally focused on addressing the needs of a few people with separate circumstances from those of the public at large, when in fact almost everyone is, over the course of their lifetime, quite able to benefit from barrier-free design, user-friendly architecture, and comfortable environments.
Inherently inaccessible websites and apps. Such complaints as the cases against NBA and Winn Dixie, and similar cases (read on for details) suggest that websites and apps that use inherently inaccessible technologies are most likely to attract litigation. It’s understandable as such websites oftentimes completely block physically impaired individuals from accessing certain parts or even the whole website.
Olmstead v. L.C.[65] was a case before the United States Supreme Court in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.
WCAG 2.0 AA is the standard on which most website owners are operating and is considered acceptable. As a business owner, it’s important to know which set of standards you should be meeting, but most of these standards are very technical. Therefore, we recommend working with a web firm that specializes in ADA website compliance and is familiar with WCAG 2.0.
Hello, I am disabled and live in an apartment complex…they have NO handicap oatking spots so gave me a carport spot near my apartment. My issue is this, There used to be a clear path to get out of my car and walk or wheel myself into where my apartment is. Well, the manager made the center aisle. ..whete the path used to be..into an additional parking space. Now there is no clear path to get into my apartment and the manager is collecting more money per month for the “new” parking space. Is this legal? ..doesn’t this violate the clear pathway laws for the ADA?
The new CBC accessibility requirements for EVCS specifically identify that each EVCS, whether or not accessible, provided with a point-of-sale device must provide a tactilely discernable numerical keypad, like a push-button telephone keypad or some other technology such as RFID, biometric fingerprint or other mechanism that allows access and privacy (see CBC Section 11B-707.9.1).
"ADA Compliance California provided a Certified Access Specialist (CASp) inspection of our store to help us comply with federal and state regulations. Their approach and review of the property was professional and well developed. Mr. Thompson was able to analyze our property in a clear manner that was easy to understand. The precision of his report allowed us to improve our business to comply with the convoluted ADA laws."
Specific accessibility barriers that blocked claimants access to the site were a lack of alt text or a text equivalent embedded into graphical images; empty links that cause confusion for users of screen-reading software; redundant links that cause navigation issues and repetition for users of screen-reading software; linked images without alt text to inform the user about the function of the link.
Voluntary compliance is an important component of an effective strategy for implementing Title III of the ADA. Private businesses that voluntarily comply with ADA accessibility requirements help to promote the broader objectives of the ADA by increasing access for persons with disabilities to the goods, services, and facilities available in our respective communities. Certification facilitates voluntary ADA compliance by assuring that certified state accessibility requirements meet or exceed ADA requirements. In this regard, business owners, builders, developers, architects, and others in the design and construction industry are benefited because, once a code is certified, they can refer to certified code requirements and rely upon them for equivalency with the ADA.
Richard, I am sure this is too late for the particular case you mentioned here, and I don’t know the answer to your question about how many units must be accessible (and that will also depend at least to some extent on when the building was built and its history of renovations – it gets complicated), but I will comment in case you or someone else finds this helpful another time.
About our methodology:  Our 2018 numbers are based on searches using keywords of data from the Courthouse News Services.  Thus, it is possible that there are some website accessibility cases that were not captured in the searches if their descriptions did not include the keywords.  We then review the thousands of entries manually to remove lawsuits that may be about websites but are not about a website’s accessibility to a user with a disability.  For example, there were a number of lawsuits in 2018 brought by plaintiffs with mobility disabilities alleging that the reservations websites of hotels did not provide adequate information about the accessibility of hotel facilities.  We also removed a number of lawsuits brought against state and local government entities under Title II of the ADA for having inaccessible websites.
The ADA states that a "covered entity" shall not discriminate against "a qualified individual with a disability".[12] This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies, labor organizations, and joint labor-management committees.[13] There are strict limitations on when a covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential.[14][15]
In a society in which business is increasingly conducted online, excluding businesses that sell services through the Internet from the ADA would ‘run afoul of the purposes of the ADA’” in that it would prevent “‘individuals with disabilities [from] fully enjoy[ing] the goods, services, privileges, and advantages, available indiscriminately to other members of the general public.
You may have noticed a common theme among these cases. Most of these cases’ plaintiffs were visually impaired individuals that couldn’t use their screen reading software with a website. It’s vital to note that disabilities extend well beyond blind individuals and all companies should adhere to all-encompassing best practices as it relates to ADA website compliance.
Creating a more operable and navigable website will ultimately benefit all users while still meeting WCAG guidelines. Making your web pages easier to comprehend will allow everyone - disabled or non - to find what they’re looking for quickly. If you decide to follow the guidelines, your website will likely convert more leads across the board because users will trust that they can always easily find the content they need.
Olmstead v. L.C.[65] was a case before the United States Supreme Court in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.
In this case, Barnett was a US Airways employee who injured his back, rendering him physically unable to perform his cargo-handling job. Invoking seniority, he transferred to a less-demanding mailroom job, but this position later became open to seniority-based bidding and was bid on by more senior employees. Barnett requested the accommodation of being allowed to stay on in the less-demanding mailroom job. US Airways denied his request, and he lost his job.
In 2017, lawsuits against companies for ADA website compliance were not nearly as common and based on this article, you can see that lawyers had to prove that the web presence was closely related to Winn-Dixie’s physical location. Nowadays, we are seeing that websites are being held to the same standards as physical locations as it relates to ADA. Websites are now a public space.

The Department of Justice’s (DOJ) rulemaking to create new website accessibility regulations is now officially dead, as we recently blogged. The lack of clear rules will lead to more litigation and inconsistent judicially-made law.  In fact, it appears that the DOJ will not be issuing any new regulations under Title III of the ADA about any subject, according to the agency’s December 26 announcement in the Federal Register repealing all pending ADA Title III rulemakings.
Hotels, motels, inns, dormitories, resorts, and similar places of transient lodging shall provide access for persons with disabilities in accordance with the provisions of the accessibility requirements of this California Building Code. Accessible guest rooms or suites shall be dispersed among the various classes of sleeping accommodations to provide a range of options applicable to room sizes, costs, amenities provided, and the number of beds provided.
In court, Netflix tried to argue that websites should not be part of ADA compliance regulations, as there is no physical structure / location. They also argued that websites should not be in scope of ADA as there is no public component (the original ADA compliance law specifically called out that ADA rules apply primarily to services, locations, and products that are supposed to be open to the public).

Does Ca law trump Federal or vice versa? We have a private community pool with 220 members. We have a swim team, which makes us a public entity (they allow nonmembers to join). We have been told to get 2 modes of entry into the pool. I would like swim team to pay for 2 chair lifts since we would be private and therefore not legally have to put in chair lifts without the team being there. Please advise.
The ADA states that a "covered entity" shall not discriminate against "a qualified individual with a disability".[12] This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies, labor organizations, and joint labor-management committees.[13] There are strict limitations on when a covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential.[14][15]
Congress, by authorizing the certification of state and local accessibility requirements under Title III, recognized the important role that state and local building codes and standards may play in achieving compliance with the building-related aspects of accessibility. State and local building officials who are involved in plan approval and construction inspection processes may provide important assistance to construction and design professionals through their oversight of the accessibility requirements of a certified state code.
If those together don’t make the opening big enough, it might be possible to reconstruct the whole doorway and door, depending on the construction of the building. I rebuilt one doorway in my own home and it only cost around $1,000-$1500 – and that was using a very high end contractor. It was also wood frame construction and drywall, in a non-bearing wall; you’ll have a different scenario, of course, with steel, or with masonry, and/or plaster and lathe, and if it’s a bearing wall.
When a property owner hits the 20% cost limitation on path of travel improvements, the jurisdictional entity cannot require further improvements to the path of travel to occur. The property owner should be advised, however, that for older facilities that pre-date the ADA, barrier removal is required by the ADA. Barrier removal, however, will not be enforced by the local jurisdictional entity.
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