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The Struggle of Small Business Owners Facing ADA Website Lawsuits
Within just two weeks of opening his new location, Scott Fetterman, owner of Fetterman’s Deli, received a demand letter that left him stunned. Standing in front of a vibrant “Chip Wall” and clean tables ready for the lunch rush, Fetterman described the moment he read the letter from Kansas City attorney Kevin Puckett as one that made his stomach drop.
The letter stated: “Notice of Non-compliance in Violation of the ADA Website Accessibility Lawsuit — Myers vs. Fetterman’s Deli LLC.” Fetterman expressed confusion, stating, “Our building is ADA compliant, and I had no idea there were these rules about our website.” He added that the deli has an Accessibility Statement on its website.
Puckett, representing client Robert Glen Myers of Hamilton, Missouri, has filed 90 lawsuits since 2024, alleging that small businesses across the state have websites that are not efficiently accessible to Myers, who is legally blind. According to court documents, these issues prevent meaningful access to goods and services for blind users relying on screen reader technology.
Fetterman criticized the situation, saying, “Small business owners like me want to do the right thing, but we’re being dragged into courts by lawyers who profit off of technicalities. That’s not justice. That’s a shakedown.”
In May, KMBC reported on a surge in similar cases. At that time, Puckett released a statement explaining that the businesses being sued operate websites with significant barriers for blind users. He emphasized that these barriers prevent meaningful access to online interactions, which are not theoretical but concrete and well-documented.
Court records show that Myers, due to website inefficiencies, couldn’t access or research products on the defendants’ websites. Nayan Padrai, an ADA website compliance expert from Ecomback, highlighted the importance of website compliance for individuals with disabilities. However, he noted that the ADA was never intended to be a monetary pursuit.
Padrai pointed out that the “sue-and-settle” tactic is being used nationwide, generating thousands of dollars for law firms. In 2024 alone, the number of web compliance lawsuits in New York rose to 1,600; in Florida, 629; in California, 485; in Pennsylvania, 121; and 353 from other states including Missouri.
According to Padrai, all a plaintiff lawyer needs to do is run automated tests, find some errors on your website, file a complaint with some boilerplate allegations, and now you have a lawsuit you can defend and fight, but that’s going to cost you money.
In response to these challenges, legislation in Kansas titled “The Act Against Abusive Website Access Litigation” was passed in May 2023. This act allows Kansas business owners accused of being ADA noncompliant with a website the opportunity to countersue the attorney and plaintiff(s) bringing the complaint. However, no such legislation has been passed in Missouri.
Fetterman estimated that a court fight or settlement could cost his business between $5,000 and $40,000. He said he would gladly fix any issues blocking customers from having a positive online experience, but he believes lawyers are exploiting ADA compliance requirements for profit.
“I’ve contacted legislators and I want other small business owners to contact me. I’ll tell them, ‘You are not alone.’ … (Puckett) is doing this across the state of Missouri,” Fetterman said. He also mentioned that Missouri Attorney General Andrew Bailey has been informed of small business owners’ concerns.
For businesses seeking to become web compliant, resources can be found through Ecomback’s website.
Key Points to Consider
- ADA Compliance: Ensuring websites are accessible to individuals with disabilities is crucial.
- Legal Challenges: Small business owners face increasing legal threats from attorneys using ADA compliance as a tool for profit.
- Legislative Action: Some states have taken steps to protect small businesses from abusive litigation tactics.
- Cost of Legal Battles: Fighting lawsuits can be financially draining for small businesses.
- Resources for Compliance: Businesses can seek help through specialized organizations to ensure their websites meet accessibility standards.
By understanding these challenges and taking proactive steps, small business owners can better navigate the complex landscape of ADA compliance and protect their businesses from potential legal pitfalls.
