We continue to report on the plethora of serial plaintiffs who have collectively filed thousands of website accessibility lawsuits, primarily against small businesses, in state and federal courts throughout the country. These lawsuits generally allege that these businesses’ websites are inaccessible to visually impaired individuals who use screen-reading software, thus denying them full and equal access to the goods or services offered on the websites.
Several new plaintiffs are now on the scene, including Kenneth Potrykus, Jose Nonato, Kendrick Vaughn, Kenneth Henderson, and Martrell Booker, who, according to court records, have collectively filed 27 website accessibility lawsuits within the last month or so. These plaintiffs are represented by Equal Access Law Group, PLLC, which has filed more than 1,000 similar lawsuits in federal courts since August 2024 (and numerous more lawsuits in state courts).
- Potrykus has filed three lawsuits since March 8, 2026.
- Nonato has filed six lawsuits since March 10, 2026.
- Vaughn has filed seven lawsuits since March 20, 2026.
- Henderson has filed four lawsuits since March 19, 2026.
- Booker has filed seven lawsuits since March 17, 2026.
As we have reported on numerous occasions, both state and federal lawmakers have taken steps in recent years to curb website accessibility lawsuits; however, to date, no legislation has been passed. In the absence of legislation or regulations promulgated by the US Department of Justice (DOJ), we recommend that businesses operating a website, mobile application, or both take steps to ensure these online systems are accessible to users with disabilities and otherwise comply with federal, state, and local disability laws in accordance with DOJ guidance issued in March 2022.
In the unfortunate event your business is served with a website accessibility lawsuit, please do not hesitate to contact the attorneys at Barclay Damon. We will continue to monitor the development of these cases.
If you have any questions regarding the content of this alert, please contact Rob Thorpe, partner, at rthorpe@barclaydamon.com, or another member of the firm’s Labor & Employment or Commercial Litigation & Complex Trials Practice Areas or Hotels, Hospitality & Food Service Team.
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