What business doesn't have a presence in cyberspace? What business doesn't design and continually develop its website to reach the largest number of consumers?

What business uses a website that complies with the Americans with Disabilities Act (ADA)? If the amount of litigation is a measure, the answer to the last question is, "not enough."

This "new" exposure is firmly rooted in Title III of the ADA, which covers "public accommodations" and is enforced by the U.S. Department of Justice (DOJ). Despite a clear split among the federal circuit courts regarding whether a website is covered under Title III, DOJ has declared that all forms of electronic and digital communication, including websites, are covered. Borrowing from the Rehabilitation Act, which requires federal electronic technology to be accessible to disabled employees and the public, DOJ determined that the private sector's electronic technology had to comply with the ADA as well. The plaintiffs' bar pounced, and hundreds of businesses have been sued.

Courts flooded with suits

The worldwide growth of the internet has fostered countless dilemmas about how to use it best — that is, attract the most consumers. Last among these dilemmas is how a company's website might fare in attracting disabled consumers. Today, hundreds of lawsuits alleging non-compliant websites are clogging the federal courts. On one side are courts that require some connection to a brick-and-mortar establishment, while other courts have deemed a presence in cyberspace as sufficient to bring the site within the ADA's coverage. Outside the courts, DOJ has developed its own aggressive position, pursuing virtually anyone with a presence in cyberspace. DOJ Enforcement