Many business owners believe that simply shutting down a website will eliminate ADA compliance liability. Unfortunately, this is a misconception. Legal responsibility for accessibility violations can persist even after a website is taken offline. This guide explains why closing a website does not automatically shield you from lawsuits, how ADA enforcement works, and practical steps to protect your business.
Understanding ADA Website Compliance
What is the ADA?
The Americans with Disabilities Act (ADA) mandates that businesses provide equal access to people with disabilities. While traditionally applied to physical locations, courts have clarified that digital platforms, including websites, fall under ADA coverage.
How Website Compliance is Enforced
- Lawsuits can be filed by individuals or advocacy groups.
- Non-compliance may result in settlements, fines, or court-mandated website changes.
- Enforcement is not dependent on website activity; prior violations can still be actionable.
Case Study: Bank Inaccessible Online – Even after removing some content, the institution faced legal consequences for previous inaccessibility.
Closing Your Website Doesn’t Eliminate Liability
Legal Precedent
Courts have consistently ruled that liability for past violations remains even if a website is closed. ADA lawsuits often claim damages for the period the website was operational and inaccessible.
Historical Data Retention
Websites often leave digital footprints:
- Cached pages in search engines
- Stored files and backups
- Screenshots and archived content
These elements can be used as evidence in ADA litigation, making closure insufficient for eliminating risk.
Example Cases
| Case | Outcome | Lesson |
|---|---|---|
| NAD v Netflix | Required ongoing accessibility compliance | Website closure does not remove ongoing obligations for prior violations |
| Robles v Dominos | Settlement required despite temporary inaccessibility | ADA lawsuits can enforce accountability for periods when the site was active |
Risks of Ignoring Website Accessibility
Financial Penalties
Non-compliance can result in significant financial penalties, which may include settlements, attorney fees, and court costs.
Reputation Damage
A lawsuit or negative publicity can harm your brand credibility, even if your website is offline.
Business Interruption
Legal proceedings may require rebuilding or retrofitting your website to meet accessibility standards, delaying future operations.
How to Protect Your Business
Accessibility Retrofitting
- Conduct a full accessibility review of your website before closure.
- Implement WCAG standards to minimize liability.
Document Compliance Efforts
- Maintain records of accessibility tests and fixes.
- Keep correspondence with accessibility consultants or auditors.
Consider Professional Assistance
Companies like Get ADA Alert provide full-service ADA compliance solutions for businesses, ensuring that even inactive websites minimize legal exposure.
FAQs
Can closing my website stop an ADA lawsuit?
No. Legal responsibility for prior accessibility violations remains even after your website is offline.
How long does ADA liability last?
There is no statute of limitations for ongoing violations. Liability can be claimed for the period your website was active and inaccessible.
What steps can I take to reduce risk if closing my website?
Ensure your website is fully compliant before closure, document all compliance actions, and consult ADA accessibility professionals.
Does removing content protect me?
Simply removing content does not protect against liability. Courts often consider archived versions and historical evidence.
Conclusion
Closing your website does not exempt your business from ADA compliance responsibility. Legal exposure, financial risk, and reputational damage can persist unless proactive steps are taken. Businesses must address accessibility proactively and maintain documentation of compliance measures, even if the site is no longer active.
Protect your business from ADA lawsuits with Get ADA Alert. Our experts provide complete website accessibility compliance solutions, ensuring your business stays legally protected and inclusive.
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