ADA Website Lawsuits: What's Really at Stake

The Bottom Line

Average settlement: $25,000 - $90,000
Plus attorney fees, remediation costs, and monitoring

Who's Actually Getting Sued

Parks & Recreation Districts

Case: Montoya v. Marin County Parks (2023)

Issue: Park reservation system inaccessible to screen readers

Settlement: $65,000 + complete website overhaul

Small Cities (Under 25,000 Population)

Case: Reed v. Town of Barnstable (2024)

Issue: Meeting agendas published as image-only PDFs

Settlement: $35,000 + ongoing monitoring for 3 years

County Governments

Case: Martinez v. Miami-Dade County (2023)

Issue: Tax payment portal keyboard inaccessible

Settlement: $120,000 + priority remediation

School Districts

Case: Johnson v. Los Angeles USD (2023)

Issue: Parent portal completely unusable with screen readers

Settlement: $90,000 + staff training requirements

The Three Types of Lawsuits You Face

1. Serial Plaintiff Lawsuits (Most Common)

What: Professional plaintiffs who file dozens of suits
Target: Easy-to-find violations (missing alt text, no keyboard access)
Speed: Filed immediately upon finding violations
Cost: $20,000-50,000 to settle quickly

2. Constituent Complaints (Growing Risk)

What: Actual residents who can't access services
Target: Critical services (payments, applications, meetings)
Speed: Usually attempt informal resolution first
Cost: $35,000-90,000 + bad PR + political fallout

3. DOJ Enforcement (Rare but Devastating)

What: Department of Justice investigation
Target: Systemic failures or ignored complaints
Speed: Months-long investigation
Cost: $100,000+ and consent decree oversight

What Triggers Lawsuits

Plaintiff attorneys use automated tools to scan for these issues:

  1. Images without alt text - Easiest to detect automatically
  2. Videos without captions - Especially public meetings
  3. PDF-only content - Agendas, minutes, applications
  4. Payment systems - Utilities, taxes, permits
  5. Online forms - Building permits, job applications
  6. Emergency alerts - If inaccessible during crisis = liability

The True Cost Breakdown

Cost Component Typical Range
Settlement payment $25,000 - $90,000
Plaintiff's attorney fees $15,000 - $50,000
Your legal defense $10,000 - $40,000
Emergency remediation $30,000 - $100,000
Ongoing monitoring (2-3 years) $12,000 - $36,000
TOTAL COST $92,000 - $316,000

Your Legal Shields (And Their Limits)

✓ Sovereign Immunity

Protection: Can't be sued for monetary damages under ADA
BUT: Can still be forced to fix issues + pay attorney fees
Reality: Doesn't stop the lawsuits, just limits damages

⚠️ Insurance Coverage

Maybe covered: Some general liability policies
Often excluded: Many policies exclude ADA website claims
Action needed: Check your policy NOW - get it in writing

✗ "We're Working On It" Defense

Myth: Having a plan protects you
Reality: Courts want current compliance, not future promises
Case law: "Deliberate indifference" if you knew but didn't act

The Executive Decision Tree

If Your Score is Under 70:

Risk Level: CRITICAL
Lawsuit Probability: High within 12 months
Recommended Action: Emergency remediation within 30 days
Budget Needed: $15,000 - $50,000 for immediate fixes

If Your Score is 70-89:

Risk Level: MODERATE
Lawsuit Probability: Possible, especially after 2026
Recommended Action: Systematic fixes within 90 days
Budget Needed: $5,000 - $20,000 for improvements

Protect Your Organization Now

Immediate Actions:

  1. Test your site today - Know your vulnerability
  2. Document everything - Show good faith efforts
  3. Fix critical issues - At minimum, homepage and key services
  4. Check insurance coverage - Get ADA web coverage confirmed
  5. Budget for compliance - It's cheaper than lawsuits

Don't wait for a lawsuit to find your problems

Test Your Legal Risk Now →