ADA Website Accessibility: Courts Continue To Provide Clarity, At Cost to Businesses

  • The California Court of Appeals ruled in Thurston v. Midvale Corp. regarding website-related Americans with Disabilities Act (ADA) suits, specifically requiring a restaurant to bring its website into compliance with the Web Content Accessibility Guidelines (WCAG) 2.0.
  • The court adopted the now-majority viewpoint that websites are covered by the ADA when there is a nexus between the website and access to a physical place of public accommodation
  • Prospective plaintiffs are now armed with caselaw out of multiple states establishing that WCAG 2.0 is essentially the
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Absence of DOJ Regulations Does Not Bar Liability for Failure to Comply with the ADA

In the face of an ever-growing number of lawsuits based upon allegedly non-ADA compliant website designs, defendants have enjoyed little success obtaining dismissal at the pleadings stage of proceedings. One lingering glimmer of hope had been the viability of a due process argument premised upon the “primary jurisdiction” defense, which formed the basis of Judge Otero’s decision dismissing the plaintiff’s complaint in Robles v. Domino’s Pizza, LLC. In short, the defendant argued that the plaintiff’s action must be either stayed or dismissed because the… Continue Reading