Lawsuit dismissed for failure to allege a physical nexus
A recent decision in the Western District of Pennsylvania has provided a rare defendant’s victory in an ADA (Americans with Disabilities Act) website accessibility lawsuit. In Murphy v. Spongelle LLC (decided on January 24, 2024), the plaintiff alleged that Spongelle’s website did not meet the ADA requirements for accessibility to visually impaired individuals. There have been thousands of similar lawsuits over the past decade, and the main reason for this proliferation is that there are still no clear guidelines for ADA compliance that businesses can follow when setting up a website. What made Spongelle unusual is that Judge Richard A. Lanzillo dismissed the lawsuit, raising critical questions about whether a website can be deemed a “public accommodation” under Title III of the ADA.