Key Points

• NYC Website Accessibility Lawsuits Are Surging. Over 1,000 web accessibility lawsuits were filed in New York courts in just the first half of 2026—more than any other state—and restaurants are among the most frequently targeted businesses.
• Federal and City Law Require Accessible Websites. Both the Americans with Disabilities Act (ADA) and the NYC Human Rights Law require restaurants and other public-facing businesses to make their websites and online ordering systems accessible to people with disabilities.
• Practical Steps Can Significantly Reduce Your Risk. Free tools and straightforward fixes — such as adding image alt text, ensuring keyboard navigation and publishing an accessibility statement — can help protect your business from costly litigation while reaching more customers.

If you own a restaurant or small business in New York City and have a website, you need to be aware of the accessibility of your website.

Lawsuits over inaccessible websites are surging. In the first half of 2026 alone, over 1,000 web accessibility lawsuits were filed in New York courts, more than any other state. That number does not include “demand letters” sent by law firms threatening lawsuits that are settled before a lawsuit is ever filed. Restaurants and food service businesses account for the second largest percentage of these lawsuits, behind only e-commerce websites (which are targeted the most).

Businesses should take steps now to dramatically reduce the risk of becoming a target for one of these lawsuits.

Why Website Accessibility Matters Legally

The Americans with Disabilities Act (ADA) - Title III: The federal law requires that “places of public accommodation,” which explicitly includes restaurants, provide equal access to people with disabilities. A number of courts, including federal and state courts in New York, have found that this requirement applies to a restaurant’s website and online ordering system, not just its physical space. Courts typically look to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, international standards designed to make digital content accessible to people with disabilities.

NYC Human Rights Law: New York City’s own civil rights law broadly prohibits disability discrimination in places of public accommodation. It has also been applied to digital access. An individual or the NYC Commission on Human Rights can bring complaints and you may have to pay the other side’s legal fees if you lose.

The Lawsuit Trend: This is not theoretical. Over 3,000 website accessibility lawsuits were filed in federal courts in the United States last year, with thousands more filed in state courts and countless numbers of demand letters sent by attorneys threatening lawsuits that were settled before any lawsuit was filed. Based on current trends, it is expected that these numbers will continue to increase.

Steps to Make Your Website Accessible

The goal is to make your website usable by everyone, including people who are blind, have other visual impairments or have motor disabilities. Here are the most important steps to take:

• Add “alt text” to every image. Describe what the image shows (e.g., “photo of our outdoor patio seating”). Screen readers read this text aloud to visually impaired users.
• Make sure your site works with a keyboard alone. Every link, button and form field should be reachable by pressing the Tab key and without a mouse required for navigation.
• Test your website with a screen reader. Use free tools like NVDA (Windows) or VoiceOver (Mac/iPhone) to experience your site the way a visually impaired person would.
• Check your color contrast. Text should have a contrast ratio of at least 5:1 against its background.
• Make your online menu and ordering system accessible. PDF menus often provide difficulties for screen reader software; use HTML text instead. Ensure the ordering flow works with a keyboard and screen reader.
• Use proper heading structure. Organize your pages with headings (H1, H2, H3) in a logical order so screen readers can navigate your content.
• Label all form fields. Contact forms, reservation forms and order forms need clear labels and helpful error messages.
• Add captions to videos. Any promotional or informational videos need captions for deaf and hard-of-hearing users.
• Avoid relying on accessibility overlay widgets. While accessibility overlay tools may be valuable, they are not a fool-proof way to ensure accessibility and avoid lawsuits. According to one report, over 22% of lawsuits in 2025 targeted sites that already had widgets installed.
• Set up ongoing monitoring. Accessibility is not a one-time fix. Check your site regularly, especially after updates.

Free and Low-Cost Tools to Check Your Website

Many free tools can help you identify potential issues with your website:

• WAVE (wave.webaim.org) — Free browser-based tool. Enter your URL and it highlights accessibility issues on the page.
• Google Lighthouse — Built into Chrome (press F12, go to Lighthouse tab). This tool provides an accessibility score and specific recommendations to improve accessibility.
• NVDA (Windows) or VoiceOver (Mac/iPhone) — Free screen readers. Try navigating your own site with one to experience what your blind customers encounter.

For a more thorough audit, consider hiring a web accessibility specialist and/or legal counsel. While there are costs associated with these services, they typically will be less than the legal costs of defending against and/or resolving a lawsuit.

Add an Accessibility Statement to Your Website

Publish a short accessibility statement (a dedicated page linked in your website header and/or footer). This shows good faith and tells visitors you care about access. Your statement should include:

• Your commitment to making the site accessible to all users.
• The accessibility standard you are working toward (WCAG 2.2 Level AA).
• Contact information so anyone who encounters a barrier can reach you directly.
• A note that you are actively working to improve accessibility.

This simple step demonstrates proactive effort and can help your legal position if a claim arises.

What to Do If You Get a Demand Letter

If you receive a demand letter or lawsuit about your website’s accessibility, do not panic. Here are the steps to take:

• Do not ignore it. These cases have real legal consequences. In the case of a demand letter, a failure to respond could lead to a lawsuit being filed against your business. If a lawsuit has been filed and served upon you, failing to respond in a timely manner could lead to a default judgment being issued against you. You also should check with your insurance broker to see if you may have coverage for this type of claim.
• Contact an attorney. An experienced ADA defense attorney can advise you on your options. Many cases settle, and talking to an attorney who is experienced in this area and knows the firms that file these lawsuits can provide you with realistic expectations of what it may cost to resolve the case early or to defend yourself in litigation.
• Start fixing the issues immediately. Courts consider “good faith efforts to comply” when determining penalties (42 U.S.C. § 12188). Documented progress helps your case.
• Document everything. Keep records of your remediation plan, the changes you make and when you make them.
• Know that proactive steps matter. While there is no formal “safe harbor” for private businesses under the ADA, courts consistently weigh your compliance efforts favorably. Having an accessibility statement, audit records and a remediation timeline strengthens your defense.

Take Action Today

You do not need to achieve perfection overnight. Start with the free tools above, fix the most common issues (alt text, keyboard navigation, color contrast) and publish an accessibility statement. Each step you take reduces your legal risk and makes your business welcoming to more customers.

Website accessibility is good business and good law. The individuals who benefit — people with disabilities, older adults and anyone using a phone in bright sunlight — are your customers. Taking care of them protects your business and expands your reach.

For more information, please contact Alexander W. Bogdan at abogdanfoxrothschild.com or another member of Fox Rothschild's New York Labor & Employment Department.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the authors and not necessarily this law firm or its clients.