ADA Title III: website accessibility for businesses
How courts apply the ADA to business websites, who gets sued, and what plaintiffs recover.
State law · Updated October 2026
State website accessibility laws
Federal Title III only gets a plaintiff an injunction and attorneys' fees. State laws add money damages — which is why where you do business matters.
California: the Unruh Civil Rights Act
The Unruh Civil Rights Act (Civil Code §51) makes any violation of the ADA a violation of California law, and Civil Code §52 provides statutory damages of at least $4,000 per violation, plus attorneys’ fees. Plaintiffs don’t need to prove actual losses.
Key cases:
- Thurston v. Midvale Corp. (Cal. Ct. App. 2019) — a blind user could not use a restaurant’s website to view the menu or make a reservation. The court held the website was covered because of its connection to the physical restaurant, and rejected the argument that a phone number was an adequate alternative.
- Martinez v. Cot’n Wash, Inc. (Cal. Ct. App. 2022) — the court held that a purely online business is not a “place of public accommodation” under the ADA, and that an Unruh claim against it requires proof of intentional discrimination. This has made California a harder venue for claims against online-only companies, but businesses with physical locations remain exposed.
California also requires its state agencies to meet WCAG 2.0 AA (now 2.1 under state policy) and to certify their websites every two years under AB 434 (2017).
New York: state and city human rights laws
The New York State Human Rights Law and the New York City Human Rights Law prohibit disability discrimination by public accommodations and allow compensatory damages, and in some cases punitive damages and civil penalties. New York consistently records the highest number of website accessibility lawsuits in the country — 1,021 federal filings in 2025 — and a growing number of claims are filed in state court.
Colorado: HB21-1110
Colorado’s 2021 law requires state and local government entities to meet the accessibility standards set by the state’s Office of Information Technology (based on WCAG 2.1 AA). It allows individuals to sue for injunctive relief and $3,500 per violation in statutory damages. The compliance date was July 1, 2024; a 2024 amendment (HB24-1454) shielded entities that could show good-faith efforts for one more year, and that protection expired on July 1, 2025. It is one of the strongest state-level digital accessibility laws for public entities.
Other states
- Illinois — the Illinois Information Technology Accessibility Act (IITAA) sets standards for state agencies and universities; Illinois was third in federal website lawsuits in 2025 with 585 filings.
- Florida — filings nearly doubled in 2025 (961), driven largely by ADA Title III claims in federal court.
- Texas, Minnesota, Oregon, Washington, Massachusetts and many others set WCAG-based standards for state agencies and public institutions.
What this means for you
You can’t control where you’re sued. A single program that meets WCAG 2.2 AA across your website, apps and documents satisfies every one of these laws, and it’s cheaper than defending even one Unruh claim.
Frequently asked questions
Why are so many website lawsuits filed in New York?
New York’s federal courts historically took a broad view of ADA coverage for websites, and New York state and New York City human rights laws allow damages. As federal judges have tightened standing requirements, many plaintiffs now file in New York state courts instead.
Does the Unruh Act apply to my out-of-state business?
It can, if California residents use your website and you do business in California. Many out-of-state retailers have received Unruh demand letters.
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