Website accessibility is now a litigation risk

For business owners, the practical lesson is simple: website accessibility is no longer just  a technical issue; it is a recurring litigation and risk-management concern that should be addressed  before a demand letter or lawsuit arrives.

Example: The brewery lawsuit

In December 2025, a small South Florida brewery retained BC Law to defend it against a  lawsuit filed in the U.S. District Court for the Southern District of Florida. The plaintiff, Jaevon  Marseille, who is completely blind, alleged that he could not access the Brewery’s website using  JAWS screen-reading software and therefore could not access the Brewery’s physical location.

What JAWS screen-reading software does

JAWS, short for Job Access With Speech, is a screen reader for Microsoft Windows that  converts digital content into speech or refreshable Braille, allowing blind and low-vision users to  navigate websites, documents, applications, and other computer functions independently.

A pattern of ADA website filings

Mark Berrios-Ayala of Equal Access Law Group, PLLC, represented Mr. Marseille; the  Chicago-based firm is known for filing hundreds of ADA lawsuits against small businesses, often  involving website accessibility claims under Title III of the Americans with Disabilities Act.  Public reporting on website accessibility litigation shows a broader national increase in these  filings, with businesses of many sizes facing claims involving screen-reader compatibility, missing  alternative text, keyboard navigation issues, and similar website barriers.

Although each complaint may involve different accessibility disputes and different  plaintiffs, many are filed by the same plaintiff and follow a similar pattern. In the Southern District  of Florida, court records show that between May 2025 and January 2026, Mr. Marseille filed 15  lawsuits against small businesses in Palm Beach County while represented by Equal Access Law  Group. Each case concluded shortly after being filed, either through an agreed confidential  settlement or dismissal, voluntary or involuntary. None made it through discovery, much less to  trial. That pattern strongly suggests the plaintiff filed the cases expecting a quick, confidential  monetary settlement. The Brewery’s case followed that same pattern.

The allegations against the brewery

In the Brewery’s case, the complaint alleged that its website violated Title III of the ADA,  42 U.S.C. § 12182 et seq., because certain programming issues prevented Mr. Marseille from  accessing the site while using JAWS. The complaint further alleged that those barriers interfered  with his ability to visit the Brewery’s physical location and purchase its products.

Why small businesses often do not see these claims coming

Regardless of the complaint’s boilerplate allegations, there was no indication that Brewery  intentionally or negligently made its website inaccessible. Like many small businesses, the  Brewery hired professional website developers to build and maintain its site without understanding  its legal obligation to comply with Title III of the ADA. Before filing the lawsuit, neither Mr.  Marseille nor his attorneys contacted the Brewery to identify the alleged access issues or request  that the site be corrected. Although a pre-suit notice is sometimes provided in ADA website  accessibility matters and could expedite website remediation, it can also reduce a plaintiff’s ability  to recover quick, confidential monetary settlements. Unfortunately, because the ADA has never  required a plaintiff to provide a prospective defendant with pre-suit notice, service of a lawsuit is  often the first time a business owner learns about the connection between the ADA and the  business’s website.

How businesses can check website accessibility

Fortunately, businesses can take basic steps to identify potential accessibility issues before  ADA litigation arises. Chrome includes Lighthouse, a free auditing tool that evaluates  accessibility, performance, SEO, and other website quality metrics. To run an accessibility check,  open the website in Chrome, right-click the page, select “Inspect,” open the “Lighthouse” tab, and  run an accessibility audit. The resulting report can help any business identify and address common  issues, but automated tools should not replace full accessibility testing.

The brewery’s response and remediation

After receiving the lawsuit, the Brewery hired BC Law and quickly identified many of the  alleged accessibility barriers. Using that information, a programmer corrected many of the  problems, but some issues required more specialized review. The Brewery then engaged Miami  Lighthouse for the Blind to assist with litigation defense and website remediation. With Miami  Lighthouse’s expertise and full human accessibility testing, the Brewery quickly resolved the  remaining website issues and achieved ADA compliance. With that, Equal Access Law Group  voluntarily dismissed Mr. Marseille’s case with prejudice. No confidential settlement agreement  or payment was required. That result was significant, considering that shortly after filing suit, Mr.  Marseille’s attorneys made a five-figure monetary demand that required the Brewery to agree to a  confidential settlement agreement containing additional obligations. The Brewery’s prompt  actions in correcting its website not only saved it money in additional attorney’s fees and costs,  but also increased its website’s accessibility for visually impaired customers while reducing the  likelihood of future website accessibility (ADA) litigation.

Why human accessibility testing matters

That experience underscored another important lesson: automated ADA compliance scans  are useful, but reaching the level of compliance required in Federal Court requires hands-on human  testing. Human testers can better evaluate how a website functions for visually impaired users who

use assistive technology like JAWS because they use the same assistive technology when  examining the website. As a result, human testers are able to provide detailed, practical guidance  that automated tools often miss, so the website owner can make the corrections needed to become  ADA compliant. After the corrections are made, the human tester will retest the website and  continue that process until it is ADA Compliant. Once the tester verifies that all issues are  corrected, they have sufficient knowledge to testify to a court or jury that the website is objectively  ADA compliant.

Key takeaway for business owners

The takeaway for business owners is straightforward: treat website accessibility as part of  routine risk management. Proactive audits using both automated and human testers, prompt  remediation, and documentation of accessibility efforts can reduce legal exposure and improve  access for customers who rely on assistive technology. Learn from the Brewer’s experience: for  small and mid-sized businesses, addressing website accessibility issues before a lawsuit arrives is  almost always more financially efficient than responding after litigation begins. If you find  yourself in the same situation as the Brewer, hire a lawyer experienced in ADA access cases, check  your website’s accessibility using the free tools mentioned here, and hire an organization like the  Lighthouse for the Blind to guide you to compliance.

Questions about ADA website accessibility lawsuits

If you have additional questions or need more details after reading this, please feel free to  contact me. You can reach me at [email protected] and 772-223-7757.