Website accessibility is an evolving and complicated topic,
about which we've written many times. Thanks to delayed regulations and the Department of Justice's changing
positions on the issue, businesses have been caught off guard
and plaintiffs' attorneys are capitalizing on the
uncertainty. We have seen a surge of demand letters and
lawsuits against public accommodations alleging inaccessible
websites. Like we do with Title III lawsuits generally, we are tracking
web accessibility lawsuits to keep you up to date on the
trends.
Since January 1, 2015, 61 lawsuits alleging that a
defendant's inaccessible website violates Title III of the ADA
have been filed or removed to federal court. These cases have been
filed in five states – Pennsylvania, California, New York,
Massachusetts, and Washington – with a small handful of
plaintiffs filing virtually all of the lawsuits. The most litigious
plaintiffs include Dominick Martin (9 suits, CA), Christian Diaz (8
suits, NY,