Update: Recent Caselaw Reinforces Defenses Available To ADA Website Defendants

The Bottom Line

• When faced with an ADA website accessibility claim, there are defenses that can be raised, either with the court or as part of settlement negotiations.
• For website operators that operate stand-alone websites without a physical store presence, more courts are finding that the ADA does not apply to such stand-alone websites.
• In defending against ADA website claims, companies should seek the advice of their legal counsel to arrive at an appropriate response.

Lawsuits targeting websites and their operators asserting claims under the Americans with Disabilities Act (ADA) and similar state laws continue to be on the rise. The typical allegation in these cases is that the operator's website is not sufficiently accessible to blind or visually impaired persons. As we discussed in a previous alert, while many of these cases result in swift settlements, website operators do have viable defenses against such claims. A recent federal court