Recent federal court decisions in Wisconsin serve as a wake-up call for e-commerce businesses nationwide, underlining that online-only retailers are fully subject to the Americans with Disabilities Act (ADA).
As noted by Ken Nakata of Converge Accessibility, Judges of the U.S. District Court for the Eastern District of Wisconsin recently issued judgments in Cazares v. Acro Int’l Inc. and Hippe v. Me Too LLC, both involving blind plaintiffs who were unable to complete purchases due to inaccessible websites. The defendants were online-only retailers based in New York. The plaintiffs resided in Wisconsin.
In these decisions, the court confirmed that a “place of public accommodation” under the ADA includes websites that offer goods or services for sale, even in the absence of a physical location. As a result, both defendants were ordered to bring their websites into ADA compliance within 180 days or face further legal consequences. This sends a clear message to all online businesses: website accessibility is a legal requirement, not a suggestion.
Background
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation. Although the ADA does not explicitly mention websites (it was enacted in 1990), the U.S. Department of Justice has consistently taken the position that Title III applies to online businesses offering goods and services to the public.
Courts frequently look to the Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium, as the benchmark for compliance
Typical barriers include:
- Missing alternative text for images
- Inaccessible checkout forms
- Improper heading structures
- Keyboard navigation failures
What This Means for Online Businesses
These Wisconsin rulings reinforce three important realities:
1. Online-Only Stores Are Not Immune
If you sell products or services online, your website may be considered a place of public accommodation, even without a physical storefront.
2. Jurisdiction Follows Your Customers
You may be subject to the ADA standards of the jurisdiction where your customers reside.
3. Default Judgments Are Costly
In both cases, the defendants were ordered to remediate their websites within 180 days. Beyond legal fees and potential damages, remediation under court order is often more expensive and compressed than proactive compliance.
What’s Next for Business Owners
With the help of EcomBack and our expertise in website accessibility, business owners can confidently address the challenges of website accessibility.
We guide clients through comprehensive audits, identify and resolve barriers that may hinder users with disabilities, as well as facilitate user testing with individuals who have diverse accessibility needs, implement essential technical and content updates, and deliver staff training on accessibility best practices.
By partnering with EcomBack, companies not only ensure ongoing compliance with legal requirements like the ADA but also expand their customer base, enhance usability for all visitors, and demonstrate a strong commitment to creating an inclusive online environment.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice.
EcomBack is not a law firm. Readers should consult a qualified attorney regarding legal obligations related to accessibility compliance.
