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ADA Lawsuits Escalate in the Hospitality Industry

Did you know hospitality is the most sued industry for ADA website Non-Compliance?

 In 2020 and continuing in 2021, hotels have been bombarded with lawsuits for failure to comply the Americans with Disabilities Act (ADA) Section 36.302 (e) which requires hotels to list their accessible features on their websites as well as on third party websites. It allows prospective customers to see reservations services in enough detail so individuals with disabilities can determine whether a hotel or guest room meets their accessibility needs.

You are probably wondering why the rise in lawsuits? Many hotels have not complied with the section 302 (e) requirement even though it has been in effect for 9 years, since 2012. This not only leaves businesses open for lawsuits, it gives people a way to make some easy money due to non-compliance.

For example, there is one woman who is a self-described ‘tester’ of hotel websites. She makes a living visiting them to determine if they are in compliance with the ADA and has filed over 500 lawsuits in various states around the country. Hotel defendants have found it easier and cheaper to just settle with her than take it to court, encouraging more lawsuits. Although she has lost a few cases in court recently, she has been appealing, which results in more legal fees and headaches.

Restaurant lawsuits have also skyrocketed. The foodservice industry is the second most hit niche for ADA lawsuits in the United States. Restaurants, cafes, and wineries have all been sued by people having issues viewing the websites. You may have heard about some large chains being sued, such as Five Guys burgers, Domino’s Pizza, and Dunkin’ Donuts, but in general, it’s usually the smaller or medium-sized food companies that are being targeted by plaintiffs. Some have gone out of business because they could not afford to settle or fight the lawsuit.

What can you do to prevent from being the target of an ADA lawsuit?

The first thing is to make sure your website is ADA compliant and user-friendly for people with disabilities. It won’t matter what is on the website if people with disabilities can’t interact with it.

The next thing is to make sure accessibility features are listed on your website as well as third-party websites to comply with Section 36.302 (e).

I know what you are thinking, that sounds time consuming and expensive. It’s not. The good news is making your website ADA compliant is fast, easy, and affordable with Porter Consulting’s Pro ADA service. We are now offering a complementary promotion that includes:

  • An audit of your website that will identify all of the accessibility issues that need to conform to WGAC 2.1 standards.
  • A consulting session to help you understand what you need to do to get and keep your website compliant.

Upon signing up for our service, we remediate the website, fixing the issues found in the audit. You will then get:

  • A monthly website compliance report showing your website’s current compliance status.
  • Certification Accessibility Statement and Certificate of Performance.​
  • 24/7 monitoring

Making your website compliant is the right thing to do for people with disabilities and for your business. It will enlarge your potential customer base and make your business less likely to be subject to lawsuits.

For your free website audit and more information, contact us at:

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