ADA Compliant or Else?
According to Texans for Lawsuit Reform, the New York-based law firm Mizrahi Kroub has gained notoriety for its aggressive pursuit of website accessibility lawsuits under the Americans with Disabilities Act (ADA). In 2022 alone, the firm filed over 1,100 such lawsuits, accounting for approximately 25% of all digital ADA litigation that year.
Public Service or Easy Money?
In an article published in July 2024, the Wall Street Journal reported that critics say Mizrahi Kroub’s approach prioritizes financial gain over genuine efforts to improve website accessibility. The firm often targets small to mid-sized businesses, many of which are unaware of ADA web compliance requirements. These businesses face significant legal fees and settlements, which can be financially devastating. For instance, Electric Bike Technologies, a small company specializing in electric bicycles, incurred approximately $46,000 in legal fees and an additional $13,000 to update its website after being sued by Mizrahi Kroub.
Defense attorneys have criticized Mizrahi Kroub for employing standardized, “cut-and-paste” pleadings aimed at securing quick settlements rather than fostering meaningful accessibility improvements. Peter Brann, a defense lawyer in Maine, noted that the firm’s settlement demands are often less than the cost of litigation, creating a business model based on economic expediency.
Despite these criticisms, Mizrahi Kroub maintains that its actions are driven by a commitment to accessibility. Partner Joseph Mizrahi cites a personal connection to disability through a legally blind family member as inspiration for the firm’s focus. The firm asserts that it hires experts to evaluate website accessibility and ensures compliance post-settlement, taking into account business size and other factors to avoid financial harm to defendants.
Better Guidelines Needed
The surge in such lawsuits has led to calls for clearer guidelines and reforms. Legal experts suggest establishing explicit standards for website accessibility and providing businesses with opportunities to address issues before facing litigation. This approach aims to balance the necessity of accessibility with the need to protect small businesses from predatory legal practices.
What is Required to be ADA Compliant?
An ADA-compliant website is designed to be accessible to everyone, including people with disabilities. This means making your website easy to use and navigate, regardless of physical, visual, auditory, or cognitive challenges. Here’s a simple overview of what’s required:
Make Content Easy to See and Understand
- Use text alternatives for images so people using screen readers can understand them.
- Ensure videos have captions and audio has written transcripts.
- Use good color contrast to make text readable and avoid relying on color alone to convey meaning.
Ensure Easy Navigation
- Your website should work well with just a keyboard, without needing a mouse.
- Provide clear menus and consistent navigation so users don’t get lost.
- Avoid flashy content that could trigger seizures or discomfort.
Help Users Interact Without Errors
- Use clear labels and instructions for forms and buttons.
- Make it easy to fix mistakes, like re-entering information in a form.
- Ensure your website layout is predictable and consistent across all pages.
Make It Work With Assistive Technology
- Design your website so it’s compatible with tools like screen readers, which help visually impaired users navigate.
Call Us for Help
Protect your business and create a more inclusive online experience with ADA-compliant solutions from 573 Web Solutions.
- Don’t risk costly lawsuits or lose potential customers due to an inaccessible website.
- Our team specializes in making websites user-friendly for everyone, including individuals with disabilities, while ensuring compliance with legal standards.
- By partnering with us, you’ll not only safeguard your business but also demonstrate your commitment to inclusivity and accessibility.
Contact 573 Web Solutions today to schedule a consultation and take the first step toward making your website ADA-compliant and welcoming to all!
