California Supreme Court Decision Could Expand Standing For Website Accessibility Claims

Q.  Does a consumer need to actually try to buy a product or service at a store to have standing to sue under the ADA for failure to maintain an accessible website?

A.  Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws continues to impact companies across the country. In the past, courts have required plaintiffs to show that the allegedly discriminatory website prevented their full use and enjoyment of a connected brick-and-mortar location. More recently, however, courts have looked favorably on claims even absent such an alleged deprivation. A recent opinion from the Supreme Court of California not directly addressing ADA website compliance appears nevertheless to further cement this shift, allowing standing for discrimination claims regarding a website under California’s Unruh Civil Rights Act based on an individual’s intent to use the website’s services in and of themselves. This shift further emphasizes the need for commercial website owners to ensure that their online content is accessible to the visually impaired in compliance with the widely adopted Web Content Accessibility Guidelines (WCAG) 2.0.

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Jeffrey M. Goldman, Tracey E. Diamond and Victoria D. Summerfield

In ADA Website Accessibility Cases, Remediation May Be a Successful Defense

Q.  What can I do to protect my company from lawsuits claiming that our website is not accessible to visually-impaired individuals?

A.  Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot be appropriately accessed by visually impaired individuals. A recent opinion from the U.S. District Court for the Southern District of New York provides a potential roadmap for companies to stave off litigation by taking action to remediate barriers to full website accessibility.

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Jeffrey M. Goldman, Tracey E. Diamond, and Victoria D. Summerfield