On September 30, 2024, Chief Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York (SDNY) made a significant ruling, dismissing a lawsuit regarding website accessibility under the ADA because the web-only business was not linked to a physical storefront.
Historically, several judges in New York’s federal courts have often been more supportive of plaintiffs, particularly when the defendant is a business that operates exclusively online. The recent decision has caused some lawyers to speculate that it could reduce the number of web accessibility lawsuits in New York’s federal courts or shift them to other friendly forums.
The case, Mejia v. High Brew Coffee Inc., involved the plaintiff, Jose Mejia, and a coffee company that sells cold brew online as well as various in-person retailers across the country, including CVS, Rite Aid, Stop N Shop, Walgreens, Whole Foods Market, and more.
Plaintiff Mejia, a blind user, claimed to be unable to place an order due to the website’s inaccessibility. Mejia alleged numerous issues, including the inability of the screen reader to read when an item was added to the cart, provide full details and descriptions of products, and “accurately describe” product images on the website, the document reads.
Chief Judge Swain argued that to file a claim for relief under Title III of the ADA, a plaintiff must assert that “defendants own, lease, or operate a place of public accommodation,” the document adds. The Chief Judge examined the “places of public accommodation” categories outlined in the ADA and reasoned that most establishments listed have physical locations, such as a doctor’s office, hotel, movie theater, and restaurant. Thus, a standalone website doesn’t apply.
Legal Experts Predict Shift to State Courts
ADA Title II attorneys of Seyfarth Shaw LLP, John W. Egan and Minh N. Vu, believe that this decision is a significant development and predict that more serial plaintiffs and their attorneys may opt to file their cases in state court instead.
EcomBack has recently reported that federal court filings are decreasing in New York. “In 2024, New York accounted for 51.94% of the total ADA lawsuits filed, with 762 cases. While still a high number, it’s a drastic difference from the 1,139 cases in the same period a year prior, representing a 33.1% decline.”
Seyfarth Shaw LLP also observed that several plaintiffs’ firms, known for high filing numbers, began filing web accessibility cases in state courts in New York, New Jersey, and Pennsylvania in 2023 rather than in federal court.
The outcome of the High Brew Coffee case, with its potential to further increase state litigation in New York, underscores the evolving nature of such lawsuits and the need for businesses to stay informed. Websites must stay vigilant and ensure they are providing an inclusive online experience for users with disabilities.
