ADA Website Lawsuits in Miami: What Businesses Need to Know

Miami businesses are facing a growing wave of legal challenges over website accessibility. If your South Florida website isn't ADA compliant, you could be next.

The Americans with Disabilities Act (ADA) was signed into law in 1990 to ensure equal access for people with disabilities. While most business owners associate ADA compliance with physical spaces like ramps and accessible parking, the law also extends to digital spaces. Websites must be accessible to individuals with disabilities, including those who use screen readers, keyboard navigation, or other assistive technologies.

Over the past few years, ADA-related lawsuits targeting websites have surged nationwide. South Florida has become a hotspot for these cases, with businesses of all sizes finding themselves in legal crosshairs. Understanding why this is happening and how to protect your business is critical.

Why Websites Must Be ADA Compliant

The ADA requires that places of public accommodation provide equal access to goods and services. Courts have increasingly interpreted this to include websites, particularly those tied to physical locations or commercial transactions. The legal standard most commonly referenced is the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA.

These guidelines outline technical requirements for making websites accessible, such as providing alt text for images, ensuring keyboard navigation, and using sufficient color contrast.

Failure to comply can result in costly lawsuits, settlements, and mandatory website overhauls. Beyond legal risk, inaccessible websites alienate potential customers and damage your brand's reputation.

Why Miami Is Seeing More ADA Lawsuits

Several factors contribute to Miami's status as a high-risk area for ADA website litigation:

Demographics: Miami has a large population of individuals with disabilities. According to the U.S. Census Bureau, approximately 11% of Florida residents report having a disability. This creates a larger pool of potential plaintiffs who may encounter accessibility barriers online.

Legal Environment: Florida has become a target-rich environment for plaintiff law firms specializing in ADA cases. These firms often file lawsuits on behalf of clients who encounter accessibility issues, sometimes targeting dozens of businesses at once.

Business Density: Miami's vibrant economy includes thousands of retail, hospitality, and service businesses with online presences. Many of these sites were built without accessibility in mind, making them vulnerable to legal action.

How to Protect Your Business

The good news is that ADA compliance is achievable with the right approach. Here are actionable steps to reduce your risk:

Conduct an Accessibility Audit: Use automated tools like WAVE or Axe to identify

accessibility issues on your website. While these tools won't catch everything, they provide a helpful starting point.

Follow WCAG 2.1 Guidelines: Ensure your website meets Level AA standards. This includes providing alt text for images, ensuring keyboard navigation, using clear headings, and maintaining sufficient color contrast.

Work with Experts: Consider hiring a web accessibility consultant or developer with experience in ADA compliance. They can conduct a thorough review and implement necessary changes.

Include an Accessibility Statement: Add a page to your website outlining your commitment to accessibility and providing contact information for users who encounter barriers.

Stay Proactive: Web accessibility isn't a one-time fix. Regular updates, new content, and design changes can introduce new barriers. Schedule periodic audits to maintain compliance.

If you're unsure where to start, consult with a web accessibility expert or legal professional who specializes in ADA compliance. Feel free to contact Law Offices of Nolan Klein any time to discuss your case.