Why dental websites must either comply with the provisions of the Americans with Disabilities Act (ADA) or risk a costly lawsuit

Have you ever lied on your taxes? Misled the IRS? Said to yourself, “Chances are I won’t get audited. Who’s going to know?”

Of course not. You try to run your practice as ethically and aboveboard as possible. However, what you don’t know is that your website could very well be violating federal law as you read this.

Recently, I learned that a Dallas-area dentist (whose privacy is being withheld for obvious reasons) was threatened with a federal lawsuit by a military veteran. The veteran charged that the dentist’s website was inaccessible to people with disabilities and in violation of the Americans with Disabilities Act (ADA). This has been an expensive endeavor for the dentist; it’s costing him thousands to settle this legal battle and make it go away. The kicker is that he still must make his website accessible. Plus, if the state dental board learns of this pending federal lawsuit, it could compound the repercussions.

A little background: Title III of the ADA provides for people with disabilities to have equal access to buildings, public restrooms, restaurants, and more. Recently, the Department of Justice demonstrated and a federal court has ruled that the law applies directly to the Internet (specifically your dental practice’s website).¹ For example, those who are visually impaired have difficulty seeing website images, so the website should include appropriate tags and data that “speaks” what those images look like.

While the ADA does not provide for monetary damages to private parties bringing ADA lawsuits, it allows for “reasonable” attorney fees, which means big money is on the line. The major retailer Target was sued by the National Federation of the Blind and had to settle for millions because of ADA website compliance violations.² The court substantiated the award by declaring that the “plaintiffs have broken new ground in an important area of law.”²

More recently, the supermarket chain Winn-Dixie was found liable in federal court under Title III of the ADA.³ The trend suggests that dentists and other brick-and-mortar businesses should focus on accessibility efforts now.