What is website accessibility and could you be at risk for a lawsuit?

In the past few years, there has been increasing debate around whether a company's website is an extension of a place of business and must be accessible just like its physical counterpart. The ADA does not speak directly to this question and the Department of Justice (DOJ), which is responsible for interpreting the act, has not weighed in on the matter. This ambiguity in the law has led to a wave of litigation, suggesting businesses with "inaccessible websites" are violating the ADA and are subject to penalties. While it is difficult to identify out-of-court settlements, according to the ADA, the maximum civil penalty for a first violation under title III ranges from $55,000 to $75,000. For a subsequent violation, the new maximum is $150,000.

In 2019, there were thousands of lawsuits filed against businesses and tens of thousands of legal demand letters. In the fall of 2019, the Supreme Court of the United States refused a request from Domino's Pizza to hear its appeal from a lower court decision, which ruled the restaurant chain's website and mobile app are required to be accessible to the disabled. The Supreme Court's decision not to hear the case is a major win for disability advocates, who argue businesses must maintain accessible websites.