The Number of Federal Website Accessibility Lawsuits Continues to Soar

According to legal advisors at Seyfarth Shaw, an information source that specializes in ADA issues, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen readers, or otherwise accessible to them) filed in federal court under Title III of the ADA exploded in 2018 to at least 2258 – increasing by 177% from 814 such lawsuits in 2017.

The source indicates that the number of New York federal website accessibility lawsuits is staggering, brought primarily by fifteen law firms/lawyers. The lawyers appearing most frequently on filings are Joseph Mizrahi, Jonathan Shalom, Doug Lipsky, C.K. Lee, Bradley Marks, and Jeffrey Gottlieb. The 2018 New York website accessibility filing statistic brought New York into a close second to California in the total number of ADA Title III lawsuits (not just website accessibility cases) filed in federal court.

The fact that the California federal courts only had ten website accessibility lawsuits filings in 2018 may be a surprise to some since California continues to lead the pack in the number of all ADA Title III lawsuit filings in federal court. However, it appears that plaintiffs filed their new cases in state court after a federal judge in the Central District of California dismissed a website accessibility lawsuit against Dominos’ in 2017. The Ninth Circuit reversed that dismissal last month, making California federal court an attractive venue for plaintiffs once again. We predict that the Ninth Circuit’s ruling will cause the number of website accessibility lawsuits in California federal courts to increase dramatically in 2019.