A growing number of businesses are facing legal challenges regarding the accessibility of their websites for visually impaired users. The lawsuits, spearheaded by the New York law firm Mizrahi Kroub, highlight an increasing focus on digital accessibility compliance under the Americans with Disabilities Act (ADA).
High Volume of Cases Filed
Mizrahi Kroub, a firm with nine lawyers, filed more than 1,100 web-accessibility cases in the U.S. last year, making it the most prolific filer of such lawsuits. The firm’s approach involves representing plaintiffs who encounter difficulties accessing websites for a variety of businesses, from electric bicycle retailers to children’s cooking kit providers.
Defense attorneys criticize Mizrahi Kroub for utilizing standardized pleadings aimed at securing quick settlements rather than genuinely improving website accessibility. According to Peter Brann, a defense lawyer in Maine, the settlement demands are often less than the cost of litigation, creating a business model based on economic expediency.
Commitment to Accessibility
Joseph Mizrahi, a partner at the firm, emphasizes the importance of accessibility, inspired by a legally blind family member. Mizrahi Kroub hires experts to evaluate website accessibility and ensures compliance post-settlement, considering business size and other factors to avoid financial harm to the defendants.
Impact on Small Businesses
The rise of web-accessibility lawsuits underscores the reliance on private parties for ADA enforcement, which places small businesses at a disadvantage. UsableNet, a web-accessibility services provider, estimates that over three-quarters of these lawsuits target companies with less than $25 million in revenue.
Eve Hill, a disability-rights lawyer, notes that the inclusion of accessibility features by web designers could mitigate many of these lawsuits. However, she criticizes settlements that resolve with cash payments without addressing the underlying accessibility issues.
The Growing Industry of Web Accessibility
The burgeoning industry surrounding website accessibility includes plaintiffs, their lawyers, defense attorneys, and web-accessibility consultants. The ADA’s provision for attorney fees, but not damages, fuels this legal landscape, particularly in states like New York with additional protective laws.
Advocates for the visually impaired stress the necessity of these legal protections in an era where online access is crucial for everyday activities. Chris Danielsen of the National Federation of the Blind highlights the frequent barriers encountered by blind users on websites and mobile apps. The organization files ADA lawsuits sparingly, usually issuing demand letters first to prompt voluntary compliance.
Determining web accessibility is complex, involving more than just technical specifications. The Justice Department’s recent rules for state and local government websites offer some guidance, but private businesses have no such clear standards, creating a niche market for these lawsuits. Automated tools can identify potential issues, but comprehensive assessments require human judgment, as noted by WebAIM’s Jared Smith.
Proactive Measures for Compliance
The increasing prevalence of web-accessibility lawsuits calls for greater awareness and proactive measures among businesses to ensure compliance, thereby avoiding the financial and operational impacts of litigation.