Surge in Lawsuits Regarding Disabled Americans’ Website Accessibility

Surge in Lawsuits Regarding Disabled Americans’ Website Accessibility



Lawsuits over disabled Americans’ access to websites have surged

Bill ⁢Dengler‌ is trying to become an Italian ⁤citizen. He has​ all the documents ready to go.⁤ But Mr Dengler, an American software engineer who was born fully ‍blind,⁣ cannot make an⁣ appointment with the Italian ‍consulate in San⁢ Francisco. Its booking ​system uses ⁤a colour-based ⁣calendar, which is ‌not⁢ legible to his screen ⁤reader, a device ⁢that ⁤delivers a‍ website’s content ​in audio form. And,⁢ perhaps⁢ because slots fill rapidly, rules prohibit him from hiring someone to make ‍the appointment on his behalf.

What are Mr Dengler’s options? This ‌being America, he could, of course, sue. The government​ largely relies ​on private citizens and​ their obliging lawyers to enforce the Americans with ⁤Disabilities Act (ADA), the federal law passed​ 33 ⁤years ago ⁣to protect the civil ⁤rights of‍ disabled people. This deputisation⁢ has resulted in tonnes of‍ litigation, some of which has‍ done more for lawyers than for disabled ⁤people. In the past five years, ‌website-accessibility lawsuits have surged to ‍comprise⁢ about a ‌fifth of such claims.‍ According to UsableNET, a company ⁣that both tracks litigation and sells services to help clients⁢ prevent it, plaintiffs ⁤have filed more⁣ than ⁤16,700 digital-accessibility lawsuits in state ⁣and federal court since 2018.

The ADA only permits plaintiffs to ⁤recover ⁣attorneys’ fees. ‌But⁣ New York and California,⁢ where the vast majority of cases are brought, allow plaintiffs to tack on ‌state-level claims to their federal cases and⁢ sue for damages. The financial incentives for both plaintiffs and lawyers ‌are hard​ to⁤ ignore. “I think that this ⁢was a gravy ⁤train that​ people ​jumped‌ on,” ‍says David Stein, ⁤who defends businesses. The ‌country’s ​most active law firm, according to UsableNET, appears​ to have been founded in⁣ 2020; the fourth-most-prolific⁢ opened ‍in 2021. Serial plaintiffs⁣ abound. In a single month in 2018 a blind​ man in Queens filed 43 lawsuits. In the‌ year from January 2022, six…

2023-08-31 08:03:12
Article from www.economist.com
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