INTRODUCTION:
In recent years, website accessibility has become crucial in the digital realm, spurred by a surge in ADA-related lawsuits in 2022. This has underscored the necessity for businesses, developers, and marketers to ensure their websites accommodate users with disabilities, as mandated by Title III of the ADA. Interestingly, federal court lawsuits over website accessibility saw a decline in 2023. This trend suggests possible improvements in compliance among businesses or a shift towards resolving issues outside of litigation. Understanding these developments is vital for navigating the evolving landscape of digital accessibility.
UNDERSTANDING WEBSITE ACCESSIBILITY:
Website accessibility means that websites are designed and developed so that people with disabilities can use them. This includes individuals who are blind, deaf or have other impairments that affect their ability to use the web. For example, accessible websites have features like Text descriptions, Transcripts for audio content, captions for videos, and Easy-to-navigate layouts for those who use only a keyboard.
ROLE OF ADA TITLE III:
The Americans with Disabilities Act (ADA) is a law that prevents discrimination against people with disabilities. Title III of the ADA requires businesses to make their websites accessible to everyone, including those with disabilities.
In August 2023, the U.S. Department of Justice introduced new rules under Title II of the ADA, requiring state and local government websites to comply with the Web Content Accessibility Guidelines (WCAG) version 2.1, Level AA within two to three years, depending on their size. This standard is stricter than what federal government agencies follow. Additionally, the World Wide Web Consortium (W3C) released WCAG 2.2 AA and a draft of WCAG 3.0, further pushing the boundaries of web accessibility.
REASON FOR DECLINE IN LAWSUITS:
According to recent reports, the number of federal court lawsuits filed over website accessibility under ADA Title III has decreased from 2022. The number of filings fell dramatically by 24% in 2022 and then declined another 5% to 8,227 in 2023.
Several Factors for the Decline in lawsuits in California are:
- Increased Awareness and Compliance: More businesses are aware of the importance of website accessibility and have prioritized it and taken steps to comply with ADA requirements. As a result, fewer people need to file lawsuits to get businesses to make their websites accessible.
“Ignorance is no longer an option for business owners.”
- Improved Technology: Advances in web development tools and resources have made it easier for smaller online and large business owners to create accessible websites from the start. Automated tools can help identify and fix accessibility issues before websites go live.
To mitigate legal risks, large and small businesses are proactively ensuring their websites comply with accessibility regulations.
- Settlements and Resolutions Outside of Court: Many accessibility disputes might be getting resolved outside of the courtroom. Businesses and individuals might be reaching agreements privately, which leads to fewer formal lawsuit filings.
- Changes in Legal Strategies: Most significantly, we have noticed that several plaintiffs’ firms responsible for filings started filing website accessibility lawsuits in state courts in 2023, instead of the federal court and they are difficult to track.
CONCLUSION
The decrease in website accessibility lawsuit filings in 2023 is a significant trend that highlights several positive developments in the realm of digital accessibility, increased awareness, technological advancements, or more out-of-court resolutions. However, this doesn’t mean the work is done. Continuous effort is required to ensure all websites are accessible to everyone, promoting inclusivity and equal access. By staying informed, proactive, and committed to accessibility, businesses, and individuals can help create a digital world where everyone has the opportunity to participate fully.
