Why Are So Many ADA Website Lawsuits Filed in New York?
- Nolan Klein
- Mar 30
- 4 min read
The surge in ADA website lawsuits has become a critical concern in New York, with thousands of cases being filed annually. Businesses, both large and small, find themselves at the center of these cases. But why is New York - in particular - such a hotspot for these lawsuits? What makes the state a focal point for litigation of business website claims under the Americans with Disabilities Act (ADA)? This guide takes a close look at the factors driving this trend, the legal implications, and the actionable steps you can take to ensure your website adheres to ADA standards and avoids ADA lawsuits.
The Americans with Disabilities Act (ADA) and Website Accessibility
To understand the root of these New York ADA website lawsuits, we must first explore the ADA and its extension to digital platforms. Enacted in 1990, the ADA prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and public accommodations. While the law was initially focused on physical spaces, its scope has expanded in recent years to include the digital realm.
The ADA requires that websites be accessible to individuals with disabilities, ensuring equal access to content and services. This includes compatibility with screen readers, keyboard navigation, and visually impaired user accommodations. However, the ADA's text lacks clarity on specific requirements for websites, leaving room for interpretation—an ambiguity often exploited in litigation.
Why New York?
New York has seen a disproportionate number of ADA website lawsuits, but what is driving this surge in lawsuits specifically in this state?
High Concentration of Businesses
New York is home to one of the largest concentrations of businesses in the United States. With countless retailers, service providers, and corporations operating websites aimed at large consumer bases, New York businesses naturally face higher scrutiny. More businesses equate to more potential targets for legal action.
Favorable Legal Environment
Favorable judicial environment: New York courts are seen as favorable jurisdictions for ADA plaintiffs. Judges familiar with ADA claims and class-action litigation may ensure more familiarity with these cases, attracting plaintiff attorneys to file lawsuits within the state. Additionally, the state’s federal courts, particularly in the Southern and Eastern Districts, are inundated with ADA website accessibility lawsuits.
Favorable jurisdictional rules: Also under this category are New York's liberal personal jurisdiction rules when it come to website based New York ADA cases. Even businesses with no physical presence in New York, and no employees, agents or other connections to the state, can be sued in New York for lack of ADA compliance on their website, as long as the business is using an interactive website to sell its goods or services to New York consumers.
Established Plaintiff Firms
Another factor intensifying the volume of these lawsuits is the presence of law firms and attorneys specializing in ADA claims. Some of these firms specialize in targeting non-compliant websites, making it easier for plaintiffs to bring multiple cases forward in a short period.
Absence of a Universal Accessibility Standard
The lack of universally accepted website accessibility compliance standards also plays a role. Although the Web Content Accessibility Guidelines (WCAG) are widely regarded as the benchmark for accessibility, they are not legally codified under the ADA. This ambiguity creates a gray area that plaintiffs frequently exploit when proceeding with lawsuits.
How to Avoid ADA Website Lawsuits
For website owners and businesses, navigating ADA compliance is no longer optional—it’s a necessity. Here are practical steps to ensure your website meets accessibility benchmarks:
Conduct a Website Accessibility Audit
Run your website through an accessibility audit conducted by professionals or automated tools to identify areas of non-compliance.
Follow WCAG Guidelines
Align your website with the Web Content Accessibility Guidelines (WCAG 2.1). These standards include requirements such as ensuring text contrasts against backgrounds, making images accessible with alternative text, and enabling keyboard-based navigation.
Incorporate Accessibility Features
Add captions to videos for hearing-impaired users.
Create HTML tags and descriptions for images.
Include descriptive labels and instructions for form fields.
Use Accessibility Testing Tools
Leverage accessibility tools like AXE, Wave, or Google's Lighthouse to test your site and identify potential problem areas.
Partner with Accessibility Experts
Collaborate with web accessibility consultants—you don't need to tackle compliance alone. Many providers specialize in making websites compliant with ADA requirements.
Build Accessibility into Future Updates
Ensure that any future enhancements or updates to your website prioritize accessibility from the beginning.
Useful Tools and Resources for ADA Compliance
Achieving and maintaining ADA compliance can be an ongoing process, but there are tools and resources you can rely on:
WAVE Accessibility Tool – An online tool for evaluating the accessibility of web content.
Deque University's Learning Platform – Offers courses and certifications on web accessibility.
U.S. Department of Justice (DOJ) Website – Provides updates and guidelines on ADA compliance.
Accessibility is a Business Imperative
New York’s surge of ADA website lawsuits highlights the urgency for businesses to address accessibility proactively. By implementing accessibility measures now, you not only mitigate the risk of litigation but also increase the accessibility of your website.
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