Labor and Employment
Blind Man Sues Arizona Businesses for Failing to Provide Websites that are Accessible to the Visually Impaired
January 20, 2017
Practice Area: Labor and Employment

That collective groan you heard last night was from thousands of Arizona business owners who mistakenly thought that the tidal wave of ADA litigation in Arizona—more than 2000 cases in the past 18 months—had finally subsided. Unfortunately, it appears that another serial plaintiff has emerged, and this time he is focusing on website accessibility to persons with visual impairments.
A Texas resident named James W. Close has filed three lawsuits against Valley businesses alleging that their websites are not accessible to persons with visual impairments. Like the serial ADA plaintiffs before him, Mr. Close seeks injunctive relief, monetary damages and a reimbursement of his attorney’s fees.
Whether websites are considered “public accommodations” under Title III of the ADA is an emerging—and largely undeveloped—area of law. The 9th Circuit has held that a public accommodation must be an “actual, physical place.” Several other circuit courts have also adopted this same limitation. Some district courts have carved out exceptions to this general rule; for example, in certain cases where there is a “nexus” between the challenged service (i.e., lack of access to the company’s website) and the place of public accommodation. The legal analysis depends on the facts of each case, including the nature of the business, as well as what, if any, services are offered by the company on its website.
A business facing a lawsuit brought by a serial ADA plaintiff, such as Mr. Close, has several options to consider. The first step, however, is to seek the assistance of an experienced ADA defense attorney.
About the Author

Lindsay G. Leavitt
About Jennings, Strouss & Salmon, P.L.C.
Jennings, Strouss & Salmon, P.L.C., has been providing legal counsel for 75 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm’s primary areas of practice include advertising and media law; agribusiness; automobile dealership law; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit and follow us on LinkedIn, Facebook, and Twitter.
Please note that this client alert has been prepared by Jennings, Strouss & Salmon, P.L.C. for informational purposes only. These materials do not constitute, and should not be considered, legal advice, and you are urged to consult with an attorney on your own specific legal matters. Transmission of the information contained in this client alert is not intended to create, and receipt by the reader does not constitute, an attorney-client relationship with Jennings, Strouss & Salmon or any of its individual attorneys.
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