ADA Website Accessibility Lawsuit: a cultural institution

Plaintiff Edery Herrera, on behalf of himself and others similarly situated, filed a class action lawsuit against a cultural institution in the United States District Court, Southern District of New York, on January 29, 2026. The complaint alleges that the institution's website is inaccessible to blind and visually-impaired individuals, thereby denying them equal access to its goods and services under Title III of the Americans with Disabilities Act (ADA), New York State Human Rights Law (NYSHRL), New York City Human Rights Law (NYCHRL), and New York State General Business Law (GBL).

The lawsuit specifically details numerous WCAG violations, including the lack of alternative text for non-text elements and linked images, missing or non-descriptive page titles, forms not equally functional for all users, issues with keyboard operability and focus indication, inaccessible Portable Document Formats (PDFs), empty links, redundant links, and broken links. These barriers prevent screen-reading software from effectively conveying website content, causing a discriminatory experience for visually-impaired users attempting to access information about the museum, collections, products, pricing, and services.

This legal action highlights the ongoing necessity for online businesses, particularly those operating as public accommodations, to ensure their digital platforms adhere to established accessibility guidelines like WCAG 2.0. The failure to do so creates significant legal risk, including potential injunctive relief requiring costly website remediation, compensatory damages, civil penalties, and attorney's fees, serving as a cautionary tale for any online entity that has not prioritized digital accessibility.