The U.S. Department of Justice (DOJ) is no longer planning to issue regulations around website accessibility. Yet businesses around the country continue to face lawsuits claiming their websites are inaccessible to blind or low-vision users. 

In late 2017, the DOJ announced it was rescinding its advance notices of proposed rulemaking on the issue of website accessibility under the Americans with Disabilities Act (ADA). That means there will be no regulation concerning website accessibility for the foreseeable future, leaving businesses with an unclear standard for compliance.

While fewer regulations may seem to be a positive development, the lack of an official standard means businesses are subject to the body of case law in this area. Unfortunately, the courts are filling the void with a patchwork of sometimes conflicting decisions. 

In one case, a court held that Hobby Lobby Stores’ website constitutes a “public accommodation” under the ADA. The court noted that the site allows consumers to purchase products, search for store locations, view special offers, obtain coupons, and purchase gift cards.

In another case, a blind customer sued Winn-Dixie Stores because he could not use his vocalizing software to read the store’s website. A federal judge ruled the lack of accessibility violated the man’s rights under the ADA, even though no purchases can be made through the site.

In a case against CVS, a court held that the ADA applies to mobile apps and rejected the argument that it should dismiss the case because there are no legally binding standards for website and mobile accessibility. But another court held that it would violate Dominos’ due process rights to find that its websites violate the ADA when the DOJ has not provided regulations around accessibility.

Despite the lack of regulations, plaintiffs are still bringing suits. CBS News reported that more than 800 website accessibility lawsuits were filed in 2017. While big name retail outlets are a prime target, recent filings suggest that credit unions and the hospitality industry may be next.

With the threat of a lawsuit (and customer convenience) in mind, it makes good business sense to have an accessible website. Talk to your web vendor or use one of the numerous scanning services available to determine if your site is accessible. If changes need to be made, find out if your vendor can comply with WCAG 2.0, accessibility guidelines issued by an independent industry consortium.

If you receive a letter threatening suit, consult an attorney before responding. This may also be a good time to review your insurance and determine whether you have any cyber or liability coverage that could cover the cost of defending a website accessibility lawsuit.