ADA Website Lawsuits: A Hidden Risk for Small and Cannabis Businesses

**Attorney Advertising: Prior results do not guarantee future outcomes**

Written By: Rob Noble

For many small businesses—especially those in emerging markets like cannabis—ADA website compliance isn’t on the radar. But it should be.

Across the U.S., lawsuits are being filed at an alarming rate against companies for having websites or mobile applications that are not accessible to people with disabilities. These lawsuits often strike without warning. The business owner opens their email—or gets served a letter—and suddenly finds themselves the defendant in a federal lawsuit, facing claims they may not have even known were possible.

Website accessibility isn’t just a tech issue—it’s a legal one.

The Basics: What Is ADA Website Compliance?

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all areas of public life, including websites. Under Title III of the ADA, businesses open to the public—“places of public accommodation”—must ensure equal access for people with disabilities.

While the ADA was signed into law in 1990—long before websites were mainstream—courts have increasingly interpreted websites and mobile apps as extensions of physical spaces. Notably, the Ninth and Second Circuits have upheld this interpretation in several rulings (e.g., Robles v. Domino’s Pizza, 2019).

That means your company’s digital presence needs to be accessible to users who are blind, deaf, have motor impairments, or use assistive technology to navigate the internet.

This Isn’t Hypothetical: The Lawsuits Are Real

Thousands of lawsuits are filed each year, and the trend is only growing.

According to UsableNet, in 2023 there were 4,605 ADA-based digital accessibility lawsuits filed in federal and selected state courts combined (3,086 in federal court and 1,519 in state courts). Those numbers represent a continuing upward trend from previous years. These cases aren’t reserved for massive corporations. In fact, small businesses and startups are increasingly being targeted, particularly because they lack in-house legal teams or IT departments to catch these issues early.

The Boom of Website Builders—and the Compliance Blind Spot

It’s never been easier to launch a website.

Thanks to popular website builders, small businesses, side hustlers, and entrepreneurs can get online in minutes with sleek, professional-looking websites. These platforms are marketed as plug-and-play solutions—no coding required, no technical background needed. And they’ve fueled a massive surge in the number of business websites—nearly 252,000 new sites are created every day globally (Siteefy 2024).

But here’s the problem: ease of use doesn’t equal legal compliance.

Most users assume that if they’re using a reputable platform, their site is secure, accessible, and covered legally. In reality, many templates and plugins used on these platforms are not fully ADA compliant out of the box. And very few of these platforms provide clear warnings or support for crafting legally sound accessibility statements, terms of use, or privacy policies.

For example:
• A drag-and-drop image widget might not allow for proper alt text, leaving the site inaccessible to blind users.
• Interactive forms or checkout processes might not support keyboard navigation.
• Default templates might lack ARIA labels, which help screen readers interpret content.

And beyond accessibility, many websites lack basic privacy policies or terms of use, leaving the business owner exposed to both ADA litigation and data privacy complaints.

Why Cannabis Businesses Are Especially at Risk

The cannabis industry presents a perfect storm of ADA risk:
• High web traffic: Many customers research products or make purchases online.
• Consumer base includes people with disabilities: Cannabis is commonly used to alleviate symptoms related to chronic illness, PTSD, neurological disorders, and more.
• Rapid growth, limited resources: Businesses are scaling fast and often rely on developers or agencies unfamiliar with ADA compliance.

All of this makes cannabis companies uniquely vulnerable.

What Compliance Actually Looks Like

Many business owners wrongly assume that accessibility is only about adding captions to videos or using a certain font size. In reality, true compliance involves:

• Adhering to WCAG (Web Content Accessibility Guidelines) standards (W3C WCAG Overview)
• Ensuring keyboard navigability
• Providing descriptive alt text for images
• Structuring content with proper headings
• Making all interactive elements usable with assistive tech

Compliance is ongoing—it’s not a “set it and forget it” item. Websites change, and accessibility must evolve with them.

The Cost of Ignoring Accessibility

• Lawsuits and settlements:settlements tend to fall between $5,000 and $20,000, especially for small businesses, depending on the facts of the case. Larger amounts are possible—depending on jurisdiction, severity of the violation, and whether the case is contested. (Accessible.org)
• Lost trust: Non-compliant websites frustrate potential customers and may even deter business.
• Missed opportunities: There’s a considerable overlap between features that improve accessibility and SEO performance. By making your web pages accessible to everyone, you’re also boosting your chances of being found in search. (Texthelp)

How The Beckage Firm Can Help

Our firm offers comprehensive ADA accessibility services tailored to your business:
✅ Website & App Audits – We scan your site to identify compliance issues and provide a clear assessment.
✅ Action Plans & Guidance – We help you understand what changes are needed and how to implement them.
✅ Policy Development – Including Privacy Statements, Terms of Use, and Accessibility Statements that protect you.
✅ Litigation Defense – If you’ve been sued or threatened with a lawsuit, we provide experienced legal representation.
✅ Proactive Protection – We work with developers and business owners to keep compliance top of mind as your site grows.

Final Thought: Don’t Wait for the Knock on the Door

ADA compliance isn’t optional—it’s a legal requirement. But it’s also a business opportunity. Making your site accessible widens your audience, shows you care, and protects you from serious liability.

Whether you’re a small business owner, a startup founder, or in the cannabis space, now is the time to get ahead of the issue.
We can help you do just that.