Firm Secures Dismissal of Alleged ADA Website Accessibility Claims for the Visually Impaired Filed Against Manufacturer of Wilderness Adventure Meals
Many businesses with an online, retail presence have been the recipients of “website accessibility” lawsuits filed by plaintiff’s lawyers and their visually impaired “testers,” alleging violations of the Americans With Disabilities Act, and associated state antidiscrimination laws. Unfortunately, these lawsuits are often engineered more by the lawyers prosecuting them, and less by the visually impaired representatives named in them. We recently moved to dismiss a lawsuit filed against our client, a manufacturer of wilderness and outdoor adventure pre-cooked, ready to eat meals. Because our client was in full compliance with the Website Content Accessibility Guidelines (“WCAG”) and regularly monitored and updated its website, it refused to succumb to Plaintiff’s demand for nuisance value to settle the case. Instead, it moved to dismiss the Complaint in its entirety. Doing so successfully called the Plaintiff’s bluff; rather than oppose the motion, Plaintiff voluntarily dismissed it with prejudice. Congratulations to Craig, Steven and Jeff for helping the client vindicate its rights.
