Businesses in North Dakota that serve the public fall under the Americans with Disabilities Act, particularly Title III, which requires equal access to goods and services. Courts increasingly treat websites, mobile apps, and online booking systems as part of those services. When a disabled user cannot complete tasks such as ordering food, scheduling appointments, or accessing documents because of technical barriers, the website may become the basis of an ADA accessibility claim. Federal lawsuits involving North Dakota businesses are typically filed in the United States District Court for the District of North Dakota.
North Dakota does not have a standalone website accessibility statute. Some complaints also reference the North Dakota Human Rights Act, but most cases rely on the federal ADA. Lawsuits often cite the Web Content Accessibility Guidelines, usually WCAG 2.1 Level AA, as the benchmark for accessible design. Typical complaints involve missing image descriptions, unlabeled forms, inaccessible PDFs, or checkout systems that fail with screen readers.
Frequently Asked Questions
Businesses that qualify as public accommodations under the Americans with Disabilities Act must provide equal access to their services. Courts increasingly treat websites and mobile apps as part of those services when they connect to a physical business.
North Dakota does not have a separate statute focused only on website accessibility. Some lawsuits also reference the North Dakota Human Rights Act, which prohibits disability discrimination in public accommodations.
Most settlements and court filings refer to the Web Content Accessibility Guidelines, especially WCAG 2.1 Level AA. The ADA itself does not list technical website rules, so WCAG functions as the practical benchmark.
Common barriers include images without alt text, form fields without labels, navigation that requires a mouse, poor color contrast, and PDF documents that screen readers cannot interpret.
Healthcare providers, restaurants, hotels, retail stores, and auto dealerships appear frequently in ADA website complaints because they rely heavily on online booking, ordering, or customer portals.
Yes. Many demand letters go to small and mid-size businesses because their websites are often built without accessibility testing or ongoing maintenance.
Attorneys and accessibility testers often use automated scanning tools such as WAVE accessibility evaluation tool or axe DevTools to identify missing alt text, contrast issues, and other technical errors.
Businesses often negotiate a settlement that requires accessibility remediation and payment of legal fees. If negotiations fail, the dispute may proceed to federal court.
Mobile apps can face the same accessibility claims as websites if they provide access to services such as ordering, booking, or account management.
Costs vary by site size and complexity. Small business websites sometimes require a few thousand dollars in fixes, while large e-commerce platforms may require tens of thousands in development and testing work.
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