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Can You Sue a Business for Not Being Handicap Accessible?

Can You Sue a Business for Not Being Handicap Accessible?

TL;DR: Yes. The ADA lets people with disabilities sue businesses - physical locations and websites - that aren't accessible. These lawsuits are common, expensive, and usually result in settlements of $20K-$100K+. Fix it before you get sued.


If you're asking this question, you probably either:

  1. Got a demand letter and want to know if it's legit
  2. Wondering if your business could be sued

The answer to both: Yes.

The Law Is Clear

The Americans with Disabilities Act (1990) makes it illegal for businesses to discriminate against people with disabilities.

This includes:

  • Physical barriers (no ramps, narrow doorways, inaccessible bathrooms)
  • Service barriers (refusing service animals, not providing reasonable accommodations)
  • Digital barriers (inaccessible websites, unusable apps, inaccessible online services)

If a disabled person encounters barriers that prevent them from accessing your business - physically or digitally - they have legal grounds to sue.

Physical Accessibility Lawsuits

For brick-and-mortar businesses, accessibility requirements are extensive:

Common violations:

  • No wheelchair ramps
  • Doors too narrow for wheelchairs
  • Bathrooms not ADA-compliant
  • Parking spaces without proper signage
  • Counters too high
  • Aisles too narrow

What happens:

  • Demand letter or lawsuit
  • Settlement: $10,000-$50,000
  • Required to fix violations
  • Possible ongoing monitoring

These physical accessibility lawsuits have been common for decades. Most business owners know (or should know) about ramps and accessible bathrooms.

Website Accessibility Lawsuits (The New Frontier)

Since 2017, courts have ruled that websites are also "places of public accommodation" under the ADA.

This caught many business owners off guard.

Common website violations:

  • Images without alt text (blind users can't see them)
  • Videos without captions (deaf users can't follow)
  • Forms that don't work with keyboards (some users can't use a mouse)
  • Poor color contrast (vision-impaired users can't read text)
  • Inaccessible shopping carts and checkout

The lawsuits work the same way:

  • Demand letter or lawsuit
  • Settlement: $5,000-$75,000
  • Required to fix violations
  • 2-3 years of court-mandated monitoring

Who Gets Sued?

Any business that serves the public can be sued - physical location, website, or both.

High-risk industries:

  • Restaurants (especially those with online ordering)
  • Medical practices (patient portals and appointment booking)
  • Retail and e-commerce (shopping and checkout)
  • Hotels (reservation systems)
  • Real estate (property search tools)
  • Entertainment venues (ticket sales)

Size doesn't matter. Small businesses get sued as often as large corporations. If you serve the public, you're required to be accessible.

The "Serial Plaintiff" Problem

Here's what frustrates business owners:

Some lawsuits come from "serial plaintiffs" - people who file dozens or hundreds of accessibility complaints, often represented by the same law firms.

It feels like: "They're just targeting businesses to make money, not because they actually wanted to use my restaurant/shop/service."

The legal reality: Even if that's true, the underlying violations are usually real. Courts don't dismiss cases just because the plaintiff files many lawsuits.

The uncomfortable truth: Just because the motivation feels opportunistic doesn't mean your business isn't actually inaccessible.

What Gives Someone the Right to Sue?

To sue under the ADA, a person needs to show:

  1. They have a qualifying disability
  2. They encountered specific barriers (physical or digital)
  3. Those barriers prevented access to goods, services, or facilities
  4. The business is a "place of public accommodation" (serves the public)

They don't need to be your customer. Just attempting to access your business and encountering barriers is enough.

What Happens When You Get Sued?

Stage 1: Demand Letter

  • Lists specific violations
  • Demands fixes within 30-60 days
  • Often includes settlement demand ($5,000-$15,000)

Stage 2: Lawsuit (If You Don't Settle)

  • Filed in federal court (public record)
  • Legal fees: $20,000-$50,000+
  • Discovery process (depositions, document requests)
  • Massive time sink

Stage 3: Settlement (Most Cases)

  • Cash payment: $10,000-$75,000
  • Attorney fees (theirs): $10,000-$30,000
  • Agreement to fix all violations
  • Monitoring for 2-3 years ($5,000-$10,000/year)

Stage 4: Fixing It (Required Either Way)

  • You still have to make your business accessible
  • Physical renovations or website remediation
  • Cost: Varies widely

The painful part: You could have just fixed it from the start for a fraction of the legal costs.

"But I Didn't Know This Applied to Websites"

Doesn't matter.

The ADA has been law since 1990. Courts applying it to websites since 2017. "I didn't know" isn't a legal defense - it's just an expensive mistake.

What You Should Do Right Now

For physical locations:

  • Conduct an ADA compliance audit
  • Fix obvious violations (missing ramps, narrow doorways, non-compliant bathrooms)
  • Document your efforts

For websites:

  • Run an accessibility scan
  • Identify violations (alt text, contrast, keyboard navigation, etc.)
  • Get them fixed professionally

For both:

  • Don't wait for a lawsuit
  • Proactive fixes cost way less than reactive lawsuits
  • Document everything you do

The Bottom Line

Can you sue a business for not being handicap accessible?

Yes. Absolutely. Both physical locations and websites.

Thousands of businesses face these lawsuits every year. Most settle for $20,000-$100,000+. All of them have to fix the violations anyway.

The choice is simple:

  • Fix it now (cheaper, faster, no stress)
  • Fix it after getting sued (way more expensive, very stressful, public record)

The ADA isn't going away. The lawsuits aren't stopping. Your move.


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