Why NYC Businesses Face Rising Website Accessibility Lawsuits (And How to Stay Compliant)

Ask most busy business owners in New York City why they have not prioritized web accessibility and you will probably hear some version of the same myth: Only a tiny group of blind users need this, so it’s not urgent. Yet, when the Domino’s Pizza accessibility lawsuit reached the U.S. Supreme Court in 2019, the plaintiff was seeking something every modern customer expects–seamless ordering from a smartphone app. Domino’s lost several key arguments, and the case sent shockwaves through retail and hospitality circles.

The takeaway? Accessibility is not a niche requirement for a few screen-reader users. It is a mainstream expectation enforced in courtrooms across the country, particularly in New York. Ignoring it leaves even small neighbourhood brands exposed to the same legal risk that tripped up a multimillion-dollar pizza chain.

Why Are NYC Businesses Getting Sued?

New York remains America’s hottest venue for ADA website claims, clocking roughly 1,600 federal filings in 2024 – more than any other state.

Plaintiffs’ firms prefer NYC because:

• Many serial plaintiffs reside in the New York area, providing them with standing in local federal courts.
  
• The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) offer additional claims beyond the federal ADA, broadening the potential damages.
  
• Judges in the Southern and Eastern Districts have historically allowed cases against “online-only” businesses to proceed, whereas other jurisdictions require a physical storefront.

Ranking the Main Technical Failures by Lawsuit Volume

Researchers at WebAIM analysed one million homepages and found that six code-level issues drive 96.4% of all detectable WCAG failures. These errors line up with what plaintiffs list in New York complaints, so we can rank risk factors by their prevalence:

While these six dominate the statistics, lawyers also cite inaccessible PDF menus, video without captions, and overlays that break keyboard navigation.

Solutions – Six Practical Steps to Shrink Your Risk

You do not need a PhD in usability to fix most of these problems. Start with quick wins, then decide when to call an expert.

1. Run an automated scan (but don’t stop there). Free accessibility audit tools like AAC, WAVE will flag missing alt text, colour contrast failures, and empty links in minutes.
   
2. Add meaningful alt text today. Every product shot, logo, and “hero” banner needs an accurate description. Think function first: “Close-up of sesame bagel with cream cheese” beats “image123.jpg.”
   
3. Check colour contrast, WCAG 2.1 requires a 4.5:1 contrast ratio for normal text. Numerous contrast checkers let you test brand palettes before the next site refresh.
   
4. Label every form field. Use <label> elements tied to <input id=”…”>. Hidden placeholders alone do not satisfy WCAG.
   
5. Keyboard test your journey. Unplug the mouse and try to buy your own product or book an appointment. If you cannot reach a link with the Tab key, neither can a mobility-impaired customer.
   
6. Caption and transcript media. Closed captions benefit not only Deaf users but also commuters watching on mute. Captions are now cheap to auto-generate and polish.
   

When to Bring in an Accessibility Expert?

As digital accessibility lawsuits continue to rise, organizations can no longer afford to take a reactive or surface-level approach to compliance. From complex front-end frameworks to industry-specific regulations, the risks are growing and so is the scrutiny. Here’s where expert guidance makes a measurable difference:

• Complex, dynamic content: Single-page apps, custom widgets, and ARIA-heavy interfaces introduces 34% more errors than plain HTML pages. An expert audit catches subtle issues automation misses.
  
• Regulated industries: Finance, healthcare, and public agencies face heightened scrutiny under Section 508 and local laws such as NYC Local Law 12.
  
• After receiving a demand letter: A seasoned consultant helps craft a remediation roadmap and demonstrates “good-faith effort,” often reducing settlement costs.
  

What to expect from a professional audit:

A thorough accessibility audit goes far beyond automated scans. It combines expert analysis, real-world testing, and actionable guidance to help your team achieve WCAG 2.2 AA compliance and reduce legal risk. An audit process should include:

• Manual and automated testing against WCAG 2.2 AA standards to identify both common and complex accessibility issues.
  
• Assistive technology testing using screen readers such as JAWS, NVDA, and VoiceOver to evaluate real-world usability.
  
• Prioritized defect list with code-level recommendations so that your developers can fix issues efficiently and accurately.
  
• Optional user testing with people who have disabilities, providing authentic feedback and deeper insight into usability challenges.
  
• Comprehensive remediation often costs less than defending a single accessibility lawsuit making proactive compliance a smart business decision.

Bake Accessibility Into Everyday Workflows

Accessibility is about making sure everyone can use what you build. Whether you’re a city agency (where it’s required) or a private company (where it’s just smart), here’s how to start making accessibility a regular part of your workflow:

• Adopt an accessibility statement. Publish a plan and  invite feedback through an email or form. It shows you’re serious and for NYC agencies, it’s required.
• Train your team. Developers and content editors should know the basics: use semantic HTML, pick accessible colors, and write good alt text. Add these tips to your style guide so everyone stays on the same page.
• Add accessibility to QA checklists.Think of it like security: you’d never launch something without checking for bugs or vulnerabilities, right? Same goes for accessibility. Don’t ship pages with avoidable issues.
• Schedule periodic regression tests. ADA risk is not “set it and forget it”; every design tweak can re-introduce barriers. Run tests now and then to catch problems before your users do.

The Future – ADA Enforcement Is About to Get Tougher

The Department of Justice reaffirmed in 2022 that websites are subject to the ADA and pointed businesses to WCAG as “helpful guidance”. Industry observers anticipate formal ADA regulations for digital content within the next few years, similar to the DOJ’s 2010 physical-facility standards. Expect clear-cut technical rules and steeper penalties for ignoring them.

State and Local Laws Will Fill the Gaps

While federal lawsuits dipped slightly in 2024, state-court filings in New York surged, fuelled by NYSHRL and NYCHRL claims. Local Law 12 now forces NYC agencies to publish five-year accessibility plans and may inspire parallel requirements for vendors and contractors. Businesses that serve public entities will feel trickle-down pressure to meet WCAG 2.1 AA.

The European Accessibility Act (EAA)

Many NYC e-commerce brands sell to EU customers. From June 2025, the EAA will mandate WCAG conformance for online retailers, banking apps and ticketing platforms – with fines up to 5% of annual turnover. Companies that start remediating now will save last-minute scramble costs later.

Courts Are Tightening Evidence Standards

Recent SDNY decisions require serial plaintiffs to prove a real intent to return to a website, slightly reducing frivolous lawsuits and “carbon-copy complaints”. Judges also demand that defendants show documented accessibility improvements, not mere promises. However, maintaining audit logs and bug-fix tickets will help prove diligence to steer clear of any lawsuits.

Conclusion

Lawsuits may grab headlines, but the bigger story is customer access. With 56 million Americans livingwith a disability, blocking anyone using voice commands, low-bandwidth connections, or cracked phone screens isn’t only a legal risk, it is simply bad business.

In New York City’s litigious environment, non-compliance can be costly. But the solutions are often simple. Address the six most common accessibility issues, publish a clear accessibility policy, and schedule regular audits. These steps significantly reduce legal exposure and more importantly, welcome a broader audience to your business.

Accessibility done right is usability for everyone. Start today! Contact us to ensure your website is compliant with the ADA.