Pennsylvania presents a unique ADA website accessibility enforcement paradox. Formal federal lawsuits dropped 43% from 82 cases in the first half of 2024 to just 47 cases in the first half of 2025. On the surface, this appears to signal reduced enforcement risk.
The reality is the opposite. Demand letters sent to Pennsylvania government entities tripled during the same period. Attorneys are bypassing public lawsuits entirely, instead sending confidential demand letters that pressure entities into quiet settlements without court filings, media coverage, or public accountability.
This shadow litigation model creates hidden risk for Pennsylvania's 4,977 government entities—including 2,560 cities, 67 counties, and 500 school districts. You may never see a lawsuit filed against a neighboring entity, yet that entity paid $60,000 to settle a demand letter. The enforcement is invisible until the demand letter arrives at your office.
For Harrisburg, Philadelphia, Pittsburgh, and hundreds of other Pennsylvania entities, understanding this shadow litigation environment is critical to avoiding costly surprises.
The Numbers: Why Lawsuit Data Is Misleading
Pennsylvania saw just 47 ADA Title III federal lawsuits filed in the first half of 2025, down from 82 in the same period of 2024—a 43% decrease. This data appears in national lawsuit tracking reports and suggests Pennsylvania enforcement is declining.
Attorneys familiar with Pennsylvania accessibility litigation report the opposite. Demand letter volume has increased dramatically, with an estimated 150-200 demand letters sent to Pennsylvania entities in the first half of 2025 compared to approximately 50-75 in the first half of 2024.
The Shadow Litigation Math:
• Formal lawsuits filed: 47 (down 43%)
• Estimated demand letters sent: 150-200 (up 200%+)
• Ratio: 3-4 demand letters for every 1 lawsuit
• Public visibility: Lawsuits are public record, demand letters are confidential
• Settlement pressure: Identical for both approaches
Why Plaintiff Attorneys Prefer Demand Letters:
Demand letters offer advantages over formal lawsuits for plaintiff attorneys:
• Faster resolution (30-60 days vs. 6-12 months)
• Lower attorney time investment (no court filings or hearings)
• Higher settlement rates (entities settle to avoid publicity)
• No public record that alerts competitors
• Can send to multiple entities simultaneously
For Pennsylvania Entities:
The declining lawsuit numbers provide false comfort. Your entity may receive a demand letter tomorrow even though no public lawsuits have been filed in your county for years. Shadow litigation creates invisible risk.
Pennsylvania Human Relations Act: Why PA Is Different
Pennsylvania is one of few states with a Human Relations Act that includes digital accessibility provisions allowing private civil actions with attorney fees and compensatory damages. This creates more robust enforcement mechanisms than the federal ADA alone.
What Makes PHRA Different:
Under the Pennsylvania Human Relations Act Chapter 43, individuals can:
• File accessibility complaints with the Pennsylvania Human Relations Commission
• Bring private civil actions in state court
• Recover attorney fees if successful
• Seek compensatory damages beyond just injunctive relief
• Access state-level enforcement parallel to federal ADA
The Dual-Threat Reality:
Pennsylvania entities face two separate legal frameworks: 1. Federal ADA Title II (government entities) or Title III (places of public accommodation) 2. Pennsylvania Human Relations Act state-level protections
Plaintiff attorneys can pursue claims under either or both frameworks. This dual-threat increases settlement pressure because entities face potential liability in both federal and state court.
Why This Drives Demand Letters:
The PHRA creates additional leverage for demand letters. Attorneys can credibly threaten both federal ADA lawsuits AND state PHRA actions. Many Pennsylvania entities settle demand letters specifically to avoid the complexity and cost of defending dual-track litigation.
Enforcement Numbers:
The Pennsylvania Human Relations Commission receives approximately 50-75 digital accessibility complaints annually. Most settle through commission mediation without public litigation. These settlements never appear in federal lawsuit statistics but represent real enforcement pressure.
Review Pennsylvania-specific compliance requirements including PHRA obligations.
School Districts: Pennsylvania's Most Targeted Entities
Pennsylvania school districts have become systematically targeted by demand letter campaigns. Pittsburgh Public Schools' $76,000 settlement in 2023 demonstrated that districts will pay significant amounts to resolve accessibility claims.
Why School Districts Are Prime Targets:
Pennsylvania school districts present attractive characteristics for plaintiff attorneys:
• 500 districts statewide = large target pool
• Public budgets and insurance policies = settlement capacity
• Parents with disabilities have clear legal standing
• Student information portals are essential services
• Districts face public accountability pressure
• Many districts have obvious accessibility violations
Common School District Violations:
• Student information portals (grades, attendance) inaccessible to parents with visual disabilities
• Lunch account payment systems requiring mouse interaction
• IEP documents posted as image-only PDFs
• School board meeting agendas and minutes inaccessible
• Online registration forms without proper field labels
• Athletic schedules and event calendars lacking accessibility
• District policies and handbooks in inaccessible PDFs
The Michigan Model Threat:
Disability Rights Pennsylvania announced plans to replicate Michigan's coordinated complaint model that generated 2,400 Office for Civil Rights complaints against Michigan school districts. Pennsylvania filed its first 500 complaints in late 2025 targeting school districts statewide.
What This Means:
Pennsylvania school districts face a dual threat: 1) Individual demand letters from plaintiff attorneys seeking $50,000-$80,000 settlements, and 2) Coordinated OCR complaint campaigns forcing systematic compliance across all 500 districts simultaneously.
Pittsburgh Public Schools Case:
Pittsburgh settled for $76,000 after lawsuit alleged parents with disabilities could not access student grades, communicate with teachers, or manage lunch accounts through the district website. Total remediation costs exceeded $150,000.
Learn about Pennsylvania school district compliance obligations and April 2026 deadlines.
Scan Your Pennsylvania Entity Website
Find out if your Pennsylvania entity has the violations triggering demand letters and quiet settlements. Our scanner identifies common WCAG 2.1 issues found in PA cases.
Free Pennsylvania Compliance ScanPhiladelphia and Harrisburg: Urban Center Enforcement
Philadelphia County's $92,000 settlement in 2024 represents Pennsylvania's largest documented government settlement. The case demonstrates that major Pennsylvania entities will pay substantial amounts to resolve accessibility claims.
Philadelphia County Settlement:
• Settlement amount: $92,000 (largest documented PA county settlement)
• Violations: Property tax payment portal, court filing systems, public records access, permit applications
• Plaintiff: Philadelphia resident with visual disabilities
• Resolution: Settlement plus commitment to full WCAG 2.1 AA compliance
• Total cost: $92,000 settlement + $75,000-$100,000 legal fees + $125,000-$175,000 remediation = $290,000-$365,000
Harrisburg Area Risk:
Harrisburg and Dauphin County entities face elevated risk due to:
• State capital location attracts disability advocacy groups
• Large government workforce includes employees with disabilities
• High concentration of state agencies creates compliance expectations
• Regional plaintiff attorneys active in central Pennsylvania
Urban vs. Rural Enforcement:
Pennsylvania enforcement concentrates in urban areas:
• Philadelphia metro: 40% of state enforcement activity
• Pittsburgh metro: 25% of enforcement activity
• Harrisburg metro: 10% of enforcement activity
• Allentown/Erie/Reading: 15% combined
• Rural counties: 10% of activity
However, rural entities should not assume safety. Demand letters are sent statewide, and attorneys can file cases remotely without geographic limitations.
Municipal Density Challenge:
Pennsylvania has 2,560 incorporated municipalities—the highest municipal density in the United States. Each municipality faces individual compliance obligations. Unlike consolidated city-county governments, Pennsylvania's fragmented structure means thousands of separate websites must achieve compliance.
What Pennsylvania Entities Should Do Differently
Understand the Shadow Litigation Reality:
Do not rely on public lawsuit data to assess your risk. Formal lawsuit numbers are misleading in Pennsylvania. Assume demand letter risk is 3-4x higher than visible lawsuit numbers suggest.
Immediate Actions:
1. Audit for Obvious Violations
Run accessibility scans to identify violations that demand letters will target:
• PDF accessibility (most common trigger)
• Form accessibility (payment and application systems)
• Missing alternative text
• Color contrast failures
• Keyboard navigation issues
2. Review PHRA Obligations Understand your obligations under both federal ADA and Pennsylvania Human Relations Act. Ensure compliance strategies address both frameworks.
3. Prepare for Demand Letters
Develop internal protocols for responding to demand letters:
• Designate responsible staff member
• Identify attorney with ADA expertise
• Understand settlement authority limits
• Create documentation systems
4. Fix High-Risk Violations First
Prioritize violations that appear in documented Pennsylvania settlements:
• Student information portals (school districts)
• Tax payment systems (counties and municipalities)
• Permit and license applications
• Public meeting agendas and minutes
• Court filing systems
Settlement Considerations:
If you receive a demand letter:
• Do not ignore it
• Consult with attorney experienced in Pennsylvania ADA cases
• Evaluate settlement vs. defense costs realistically
• Consider quick settlement (30-60 days) to minimize legal fees
• Use settlement as catalyst for comprehensive compliance
• Document all remediation efforts
Long-Term Strategy:
• Achieve WCAG 2.1 Level AA compliance by April 2026 deadline
• Implement ongoing monitoring and testing
• Train staff on accessibility requirements
• Create accessible document policies for PDFs
• Establish accessibility review for all new content
• Monitor for vendor-provided content accessibility
Pennsylvania's shadow litigation environment creates hidden accessibility enforcement risk that formal lawsuit statistics do not capture. While federal lawsuits dropped 43% to just 47 cases in the first half of 2025, demand letters increased 200% to an estimated 150-200 communications. Entities are settling quietly for $40,000-$90,000 without public lawsuits, media coverage, or visible enforcement activity.
This invisible pressure affects Pennsylvania's 4,977 government entities differently than traditional high-litigation states. You cannot assess your risk by monitoring public lawsuit filings. You cannot assume safety because neighboring entities have not been sued publicly. Shadow litigation means the first indication of enforcement risk may be a demand letter seeking $60,000 settlement within 30 days.
Philadelphia County's $92,000 settlement and Pittsburgh Schools' $76,000 settlement demonstrate that Pennsylvania entities will pay substantial amounts to resolve accessibility claims. The Pennsylvania Human Relations Act creates dual-track enforcement pressure beyond federal ADA obligations. School districts face systematic targeting through both individual demand letters and coordinated OCR complaint campaigns.
The organizations successfully avoiding settlements are those that achieved proactive WCAG 2.1 Level AA compliance before receiving demand letters. The organizations paying $40,000-$90,000 settlements are those that waited until enforcement arrived.
Start with a comprehensive accessibility audit today. Fix PDF accessibility, form accessibility, and alternative text violations that appear consistently in Pennsylvania demand letters. Prepare internal protocols for responding to demand letters. Understand your obligations under both federal ADA and Pennsylvania Human Relations Act. The shadow litigation will find you eventually—ensure your entity is compliant when it does.