Another legal win for digital accessibility: Websites are public accommodations under the ADA

Web Accessibility Knowledgebase

A recent federal court ruling has reaffirmed that websites are considered places of public accommodation under the ADA, reinforcing the legal expectation that businesses must ensure digital accessibility.

accessiBe Team

A recent federal court ruling has reinforced an increasingly clear message: websites are considered places of public accommodation under the Americans with Disabilities Act (ADA). This decision, issued by the District Court for the District of Minnesota in Frost v. Lion Brand Yarn Company, aligns with similar rulings across the country and signals the growing legal expectation that businesses ensure their websites are accessible to people with disabilities.

With digital accessibility lawsuits on the rise and online platforms playing an ever-greater role in daily life, this ruling serves as another wake-up call for businesses.

 

Key takeaways
  • Websites are public accommodations under the ADA: A federal court ruling reaffirmed that websites must be accessible, aligning with growing legal precedent.
  • Businesses with inaccessible websites face elevated legal risk: With digital accessibility lawsuits on the rise, companies that fail to comply with accessibility standards are at greater risk of litigation.
  • Proactive accessibility measures can help: Implementing accessibility solutions can mitigate legal risks and improve user experience for all.

The case that brought website accessibility to the forefront

In Frost v. Lion Brand Yarn Company, two plaintiffs, both legally blind, alleged that the retailer’s website was inaccessible to users who rely on screen readers. The lawsuit, filed under Title III of the ADA, claimed that the website’s failure to provide adequate accessibility features effectively denied individuals with low vision and other disabilities equal access to the company’s products and services.

Title III of the ADA prohibits discrimination on the basis of disability in places of public accommodation, ensuring that individuals with disabilities have equal access to goods and services. Historically, this provision applied to physical spaces such as retail stores, restaurants, and hotels. However, a growing number of courts are affirming that websites, in particular those that are integral to a business’s operations, must also be accessible. This interpretation ensures that digital spaces remain inclusive and accessible for all users.

Despite this growing recognition, the defendant sought to dismiss the case, arguing that the ADA only applies to physical locations. The court, however, rejected this argument, affirming that the ADA’s broad intent is to ensure accessibility in both physical and digital spaces. This decision follows a trend in which courts and the Department of Justice, recognize that websites, especially those offering goods and services, must comply with ADA requirements.

The Minnesota court’s ruling adds to the notion that digital spaces fall under the ADA’s public accommodation provisions. Historically, some courts have held that the ADA only applies to physical locations. However, an increasing number of recent decisions, including this one, reflect a more expansive interpretation, one that recognizes websites as essential public spaces.

The court emphasized that the ADA is a remedial law designed to eliminate barriers to access. It also pointed out that Congress did not explicitly limit the law to physical locations, leaving room for interpretation as technology evolves. With the internet now a primary marketplace and communication hub, courts are increasingly recognizing digital accessibility as an essential aspect of ADA compliance.

With digital accessibility lawsuits on the rise, businesses should take proactive steps to ensure their websites comply with accessibility standards, such as the Web Content Accessibility Guidelines (WCAG).

What this ruling means for businesses

This decision is particularly significant for online retailers and businesses that provide goods and services via their websites. Companies that fail to address digital accessibility may face legal risks, reputational damage, and lost opportunities to engage with a wider audience, including people with disabilities.

To mitigate legal risk and foster an inclusive digital experience, businesses should:

  • Audit your website to identify and remove accessibility barriers
  • Implement WCAG-based solutions to ensure usability for all
  • Make sure all content is accessible including PDFs and videos
  • Maintain compliance with ongoing accessibility monitoring and updates

Beyond this ruling, courts are also recognizing specific measures that businesses can take to improve website accessibility. In Erkan v. David A. Hidalgo, MD, P.C., the United States District Court for the Eastern District of New York recognized accessWidget as one of the valid accessibility measures used by an accessiBe customer to address accessibility concerns. The case was dismissed, highlighting the importance of proactive accessibility solutions in mitigating legal risk.

The time to act is now

The Minnesota ruling reinforces what is becoming increasingly evident: digital accessibility is not optional. With courts reinforcing that digital accessibility is a legal requirement, businesses that act now can stay ahead of compliance risks while expanding their customer reach.

At accessiBe, we are committed to helping businesses navigate these requirements and create accessible, user-friendly websites. Our solutions combine AI-powered automation with expert manual services, providing a comprehensive approach to digital accessibility. We also offer litigation support, designed to provide our customers and their legal teams with the tools they need in the case of legal action.

Prioritizing accessibility isn’t just about compliance; it’s about creating an inclusive, user-friendly experience that benefits everyone, including your bottom line.