EXPERIENCED ADA LAW FIRM FOCUSED ON DEFENDING AGAINST COLORADO WEBSITE ADA CASES.

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Receiving a demand letter or a lawsuit alleging your website violates the Americans with Disabilities Act (ADA) can be a significant concern for any business owner. In Colorado, as across the nation, litigation concerning website accessibility is on the rise. Understanding the legal landscape and your defensive options is critical to protecting your business.

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Understanding Colorado Website Accessibility Lawsuits

The Americans with Disabilities Act (ADA) was enacted to prohibit discrimination against individuals with disabilities. While the original text of the ADA does not explicitly mention websites, courts have increasingly interpreted Title III of the act—which applies to "places of public accommodation"—to include websites and mobile applications.

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The core of these lawsuits is the claim that a website is not accessible to individuals with certain disabilities, particularly those who are visually or hearing impaired. These users often rely on assistive technologies, such as screen readers or keyboard-only navigation, to access digital content. If a website's code is not compatible with these technologies, it can create barriers that prevent disabled individuals from accessing information, goods, or services.

Common plaintiffs in these cases are individuals who allege they could not use a company's website due to these barriers. The lawsuits typically seek not only remediation of the website but also attorney's fees and, in some cases, damages.

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Key Defense Strategies in Colorado

If your business is facing an ADA website lawsuit, it is imperative to act promptly. An experienced ADA defense lawyer can employ several strategies to protect your interests.

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Challenging the Plaintiff’s Standing

A primary defense strategy involves questioning whether the plaintiff has the legal "standing" to file the lawsuit. To have standing, a plaintiff must demonstrate:

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1. An Injury-in-Fact: The plaintiff must have suffered a concrete and particularized harm. In website cases, this often means showing they were unable to access specific goods or services.

2. Causation: The injury must be directly traceable to the defendant's actions (i.e., the inaccessible website).

3. Redressability: It must be likely that a favorable court decision will remedy the injury.

A defense attorney can scrutinize the plaintiff's claims to determine if they have genuinely attempted to use your services or if they are a "serial plaintiff" filing numerous lawsuits without a legitimate connection to the businesses they sue.

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Contesting Subject Matter Jurisdiction

In some cases, it may be possible to argue that the court lacks subject matter jurisdiction. This can involve demonstrating that the plaintiff's connection to Colorado is insufficient to justify bringing the lawsuit in a Colorado court. This is particularly relevant if your business has a limited or non-existent physical presence in the state.

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Proactive Steps to Mitigate Risk

The most effective defense is prevention. Colorado business owners can significantly reduce their risk of litigation by taking proactive measures to ensure their websites are accessible.

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• Conduct an Accessibility Audit: Engage a reputable third party to audit your website's compliance with WCAG 2.1 AA standards. This will identify specific accessibility issues that need to be addressed.

• Develop a Remediation Plan: Based on the audit, create and execute a plan to fix any identified accessibility barriers.

• Publish an Accessibility Statement: Add a page to your website that details your commitment to accessibility and provides a contact method for users who encounter issues. This demonstrates good faith and a commitment to serving all customers.

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If your business has been served with a Indiana ADA website case, contact us today to discuss your case.