Website Accessibility for NY Dispensaries: ADA Lawsuit Risk and Fixes

What this page covers

• When ADA applies to dispensary websites
• Why online menus and ordering systems create risk
• What “effective communication” means online
• What WCAG standards are and why they matter
• Third-party platform liability
• NYC enforcement posture
• Practical fixes to reduce lawsuit risk

Does ADA apply to dispensary websites?

ADA Title III applies to businesses that are public accommodations.

Dispensaries are retail stores open to the public.

Federal courts increasingly interpret ADA to cover:

• Business websites
• Online ordering systems
• Mobile apps
• Digital menus

The legal theory is “effective communication” and “full and equal enjoyment.”

If a customer cannot navigate your website using assistive technology, that can trigger a claim.

Why dispensary websites are high risk

Dispensaries often rely on:

• Online pre-order systems
• Embedded menu platforms
• Age-gate popups
• Third-party ecommerce tools

Common lawsuit triggers include:

• Images without alt text
• Menus unreadable by screen readers
• Checkout forms that cannot be completed by keyboard
• Color contrast issues
• Age verification popups that trap screen reader users

Retail + ecommerce increases exposure.

What is WCAG and why does it matter?

WCAG = Web Content Accessibility Guidelines.

Courts and demand letters frequently reference WCAG 2.1 AA.

WCAG focuses on four principles:

• Perceivable
• Operable
• Understandable
• Robust

It is not a federal statute, but it is widely used as the benchmark in litigation.

Failure to meet WCAG can be cited in lawsuits.

What “effective communication” means online

ADA requires businesses to provide equal access to goods and services.

For websites, this means:

• Screen reader compatibility
• Keyboard navigation
• Accessible forms
• Clear structure
• No barriers caused by visual-only design

If customers must call because your website does not work for them, that can still be argued as unequal access.

Are third-party platforms responsible?

Using platforms like menu vendors or ecommerce providers does not eliminate risk.

Courts often treat the business as responsible for the customer experience.

Even if a third-party vendor built the site:

• You may still be named in the lawsuit
• Your contract terms matter
• Indemnification is not automatic

Dispensaries remain exposed if their vendor’s code is inaccessible.

What happens if you receive a demand letter?

Common process:

• Plaintiff’s firm sends notice letter
• Allegations cite WCAG failures
• Request for settlement + remediation
• Deadline to respond

Many cases settle.

Ignoring the letter increases risk of formal litigation.

NYC enforcement risk

In NYC, disability access claims may also be filed under:

• NYC Human Rights Law

NYC can pursue:

• Civil penalties
• Mandatory remediation
• Monitoring agreements

NYC enforcement is often broader than federal ADA litigation.

Real dispensary risk scenarios

Online menu cannot be read by screen readers.
Customer files complaint after failed purchase attempt.

Age verification popup cannot be dismissed via keyboard.
Customer claims denial of access.

Checkout form times out without warning for users relying on assistive tech.
Claim alleges unequal digital access.

How to reduce ADA website risk

• Conduct accessibility audit
• Test with screen reader software
• Confirm WCAG 2.1 AA alignment
• Review third-party platform compliance
• Add accessibility statement
• Create internal remediation plan
• Document efforts

Accessibility is ongoing, not one-time.

Why this matters

• ADA website lawsuits are common in retail
• Cannabis businesses are visible targets
• Settlements cost more than proactive remediation
• Insurance may not cover accessibility claims
• Repeat violations increase exposure

Digital access is now part of compliance.

Go here next

• Service Animals in Dispensaries: What Staff Can Ask (The 2-Question Rule)
• ADA “Effective Communication” in Retail: What Staff Must Do
• Reasonable Modifications: When You Must Change Store Policies
• Who is Responsible for ADA Compliance: Landlord or Dispensary?

Source material

• U.S. Department of Justice, ADA Title III Overview
• ADA Title III Regulations, 28 C.F.R. Part 36
• DOJ Guidance on Web Accessibility and ADA
• Web Content Accessibility Guidelines (WCAG) 2.1
• NYC Commission on Human Rights, Public Accommodations Guidance