MJBiz - July 2023 - 26

A Site for Everyone
F
or people with disabilities, being
able to navigate a website is just
as important as the accessibility
to buildings that's required under the
Americans with Disabilities Act (ADA).
Signed into law more than 30 years
ago, the ADA eliminates discrimination
against people with disabilities in
all public places, including office
buildings, public transportation,
schools and any other public place.
While there isn't a law that
specifically calls for company websites
to comply with the (ADA), the
expectation has developed over time
in case law.
Andrea Golan, counsel with Denverbased
cannabis law firm Vicente,
said that courts are split over publicaccommodation
language, so it's
unclear whether websites truly fall
under the ADA.
" California says websites are not
subject to ADA, but other courts view
it more broadly and find that websites
are places of public accommodation, "
Golan said.
26 July 2023 | MJBizMagazine
Regardless of whether a cannabis
business is in a state that enforces ADA
compliance for websites, companies
are at risk of being sued if their
sites are not accessible to people
with disabilities, said Liz Hartsel, a
partner with Denver-based Fortis Law
Partners.
" It's not a matter of if you will get
sued, it's a matter of when, " Hartsel said.
" It's in your best interest as a business
owner to make sure your website is
ADA compliant. Most businesses don't
want barriers for people to access their
websites and stores. "
Hartsel said that of the roughly 50
web-accessibility cases she's seen in the
past two years, all have settled without
a trial. If a lawsuit is filed against a
business, the best course of action is
to remediate the website to make it
accessible immediately, she said.
" It's extortion, " Hartsel said. " You
tell your clients that it's not worth their
time to fight it. The question is: How
do we get the settlement down to an
amount the client can afford? "
It's less costly to settle a lawsuit than
it is to defend one, so most companies
gravitate toward settlements, said Rob
Thorpe, a partner with New York-based
law firm Barclay Damon.
" The problem with that is the more
settlements an attorney gets, the more
inclined they are to pursue these
lawsuits, " Thorpe said. " You're fueling
the fire when you settle. "
While some courts have dismissed
ADA website claims as moot when the
alleged violations have been remedied,
other courts have held that ADA cases
involving websites can never be moot
because companies are constantly
updating their websites.
ADA compliance cases are not like
those involving physical property,
where the defendant can build a ramp
to make an entrance accessible or
invest in another one-time, permanent
solution. Any time a website is
updated, the people updating it must
ensure it remains in compliance with
ADA guidelines-or the company could
face another lawsuit.

MJBiz - July 2023

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MJBiz - July 2023 - Cover1
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