The Kansas House of Representative and Kansas Senate recently passed Senate Bill 258 aimed at deterring out-of-state attorneys from filing lawsuits unfairly targeting businesses in Kansas for allegedly having websites not in compliance with the Americans with Disabilities Act. The bill was sent to Kansas Governor Laura Kelly who signed it into law in April.
Kansas business advocacy organizations — such as the Kansas Chamber and National Federation of Independent Business — were instrumental in rallying support from Kansas policy makers for SB 258.
“The Kansas Chamber is pleased that the governor listened to reason on this,” said Kansas Chamber President and CEO Alan Cobb. “It’s clear these ADA website compliance cases are not genuine in their desire to find a solution to the challenges of website accessibility for all. In these repeated legal shakedowns, small businesses are being unfairly targeted in hopes of reaching multiple settlements. This bill offers protection for those businesses and creates mechanisms to end the abusive practices while still offering protections to plaintiffs with legitimate claims.”
Opponents of SB 258 — such Disability Rights Center of Kansas Executive Director Rocky Nichols —expressed concerns that businesses may use the bill as a “get out of jail free card” to intentionally avoid making ADA compliance changes to their websites. However, proponents of the bill have noted there are no objective federal standards as to what actually makes a website “compliant” with the ADA, leaving all small businesses vulnerable to expensive subjective litigation.
“The opposition tried to paint SB 258 as an attack on protections for Kansans living with disabilities,” Cobb said. “Claims that this would compromise legitimate ADA compliance lawsuits or that it’s ‘like using a nuclear bomb to kill a mosquito’ were obviously exaggerated, but the language of the bill was partially amended as a result. Fortunately, our state’s policy makers were undeterred in ultimately passing this important protection for small businesses.”
Corey Peterson — president and owner of Hemslöjd, Inc. in Lindsborg, KS — shared about his small retail business facing a lawsuit starting in September 2022. The lawsuit claims the website for Peterson’s giftshop offering Scandinavian gift items had failed to meet accessibility standards set by the Americans with Disabilities Act. Peterson explained that his website was and continues to be ADA compliant, and it appears his business was disingenuously targeted in hopes of reaching a settlement. He expressed that the passing and signing of SB 258 gives him hope that Kansas leaders are becoming more aware of predatory cases like his.
“I’m most proud of the Kansas Chamber for their work on this to bring awareness to the state of Kansas. When we started this, there were very few people at the Capitol who had any idea this type of thing was happening.”
Peterson expressed relief that the state legislature and the governor saw SB 258 as a way to protect small businesses without threatening the rights of people living with disabilities.
“The intent of this law was not to infringe on accessibility for people with disabilities in public spaces,” Peterson said. “I want as many people as possible to be able to use my website, but that’s not what this was about. If they ask for a settlement, that money could have been used to potentially upgrade a website. The litigation defeats the purpose of trying to help those who are sight impaired.”
As a small business owner, Peterson explained how frightening it can be to feel alone in cases like his.
“We don’t have a national organization to come to our defense,” Peterson said. “I have insurance, including general liability and even cybercrime coverage, none of which came through with assistance. Those who are filing these lawsuits know this. We (small businesses) are merely sitting ducks on a very small pond, and unfortunately, there is no limit on the number of ducks they can shoot.”
National Federation of Independent Business Kansas State Director Daniel Murray gave testimony in support of SB 258 before the Kansas Senate Committee on Judiciary. In his testimony, Murray explains that a growing number of ADA compliance lawsuits has become problematic for reasons that include the imbalance between plaintiffs’ law firms and small businesses to withstand the cost of litigation. He expressed that law firms are aware of this imbalance and use it to pressure small business owners to settle out of the lawsuits.
“The formation and passage of the ADA, led by Kansas Senator Bob Dole, remains a transformative and positive policy change for the millions of Americans with disabilities,” said Murray in his testimony. “It is shameful that predatory trial attorneys are using this historic legislation to make money on the backs of fearful small business owners.”
The signing of SB 258 by the governor will protect Kansas businesses — especially small businesses — from the risk of legal exploitation and misuse of well-meaning ADA compliance laws.
