During the last few years, there has been an explosion in the number of lawsuits being filed claiming that a business’ website violates the Americans with Disabilities Act (ADA). These cases typically involve a claim by a visually impaired individual stating that he cannot access and “read” certain portions of the defendant’s website because the website has not been coded or otherwise set up to work with the screen reader software and device used by the plaintiff.

It is difficult, however, for owners and operators of websites to determine what steps can be taken to reduce the likelihood that they will be named in one of these lawsuits, and if they are sued, whether and how to defend such lawsuits. This is due to a number of factors, including that a split has developed among the various circuits regarding whether and when one who has encountered an accessibility problem on a website can state a claim under Title III of the ADA, and the fact that no governmental rules or regulations exist detailing what a business must do in order to make its website accessible to visually impaired and other disabled individuals.