ADA website demand letters for New York restaurants: what to do

A letter arrives from a law firm saying your restaurant's website is not accessible to people with disabilities and demanding a payment to settle. For New York businesses, this is a familiar pattern. Here is why it happens, what the standard is and what a sensible owner does. If you receive a demand letter, speak to a lawyer who handles accessibility claims before you reply or pay.

Why do restaurants get these letters?

Law firms and individual plaintiffs file claims under Title III of the Americans with Disabilities Act, arguing that a website is a place of public accommodation or is tied to one. Seyfarth Shaw counted 1,021 federal website accessibility suits in New York in 2025, the most of any state, and that count leaves out state-court suits and demand letters that never become suits. Restaurants are named less often than retailers, but small businesses, including restaurants with online ordering and reservation tools, increasingly receive demand letters. Plaintiffs can also bring claims under the New York State and City human rights laws, which can increase exposure.

What is the standard?

There is no specific federal rule for restaurant websites. Demand letters and accessibility specialists generally cite the Web Content Accessibility Guidelines, usually version 2.1 at level AA, as the benchmark. Older material refers to version 2.0, so check which version a letter cites. A website that meets the guidelines is easier to defend, though no website is ever perfect. Ask your lawyer whether the Department of Justice's rules for government websites or any new rule for businesses has changed what applies to you.

What do these claims usually find?

Common problems include images without text descriptions, menus posted only as pictures or PDFs that screen readers cannot read, low contrast between text and background, forms and buttons that cannot be used with a keyboard, videos without captions, and third-party ordering or booking widgets that are inaccessible. Automated scanners find many of these in minutes, so a motivated plaintiff can usually find something to cite.

What should you do when a letter arrives?

Do not ignore it, and do not pay on the first call. Keep the letter and any envelope. Contact a lawyer who handles these claims, and tell your insurer, since some policies cover them. Ask the lawyer to review the claim, check whether the plaintiff has visited your site, and decide whether to settle or fix and respond. Most demand letters never reach a courtroom, and settlement amounts vary widely, so take advice before you pay. Start fixing the website in parallel.

How do you fix the basics?

Start with your menu: publish it as real text on a web page, not as a photograph or a PDF alone. Add descriptions to images that carry meaning. Check color contrast with a free tool. Make sure every link and button can be reached with the keyboard, and that the page works with a screen reader. Add captions to videos. Provide a clear way to contact you for help, with a phone number and an email address that you answer.

What about third-party tools?

Online ordering, reservation and gift card tools are often built by other companies. Ask each vendor for its accessibility statement and a report against the guidelines, and put the request in writing. If a vendor will not commit to fix problems, consider a different one. Your contract should say who is responsible. Keep records of your requests.

Should you add an accessibility overlay?

Some companies sell overlays that promise to fix a website with one line of code. Several courts have found overlays are not adequate remediation, and some plaintiffs target sites that use them. An overlay is no substitute for fixing the underlying pages. If you use one, treat it as a supplement.

How do you stay ready?

Test your site once or twice a year, and after any redesign. Train whoever edits your site to add descriptions and keep menus as text. Publish an accessibility statement with a contact route. Keep records of what you fixed and when. A documented, good-faith effort is the best protection.

A one-hour audit you can do yourself

Open your website on a phone and a laptop. Try to reach every page using only the Tab key and the Enter key, and see whether you can tell where you are on the page. Zoom the page to 200 percent and check that nothing is cut off. Turn on a free screen reader and listen to your home page, your menu and your booking page. Check each image for a description by hovering or by inspecting the page. Run a free automated scanner, which will find many but not all problems. Write down what you find and fix the simplest items first. An honest list of problems and a dated plan to fix them is the foundation of a good-faith response.

Who should fix it?

If you built the site yourself on a template, check the template vendor's accessibility notes and update to the latest version. If an agency built it, send it your list and ask for a quote and a date. If you use a booking, ordering or gift card service, send each vendor a written request. Keep the replies. Budget a modest amount each year for testing and fixes, since websites change whenever someone adds a new menu or a banner.

More guides for your business:

• Dining Out NYC: sidewalk and roadway cafe rules for restaurants
• How to take direct online orders in New York City without delivery apps
• New York paid sick and prenatal leave for restaurants (2026)

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