In a significant decision from the U.S. District Court for the Eastern District of New York, the case Erkan v. Hidalgo was dismissed on the grounds that the plaintiff failed to establish a concrete, ongoing injury. More importantly for the accessibility community, the ruling acknowledged the effectiveness of modern accessibility solutions—including the use of an AI-powered accessibility widget—to remediate website barriers and prevent future violations.
Trial Background: Erkan v. Hidalgo
Nihal Erkan, a plaintiff who is legally blind, brought a lawsuit alleging that Dr. David A. Hidalgo’s plastic surgery website was inaccessible. Erkan contended that navigation barriers such as ambiguous link texts, improper alt-text on images, and nonfunctional drop-down menus prevented her from obtaining information about consultation appointments. The lawsuit claimed violations under the Americans with Disabilities Act (ADA) and several state and city civil rights laws.
However, the court dismissed the suit for two key reasons:
- Lack of Standing: The court ruled that Erkan’s allegations—especially regarding her intent to return to the website—were too vague. The mere geographic proximity of the practice did not constitute a sufficient injury to establish standing.
- Mootness: The defendant had already implemented remedial measures. After the lawsuit was filed, the website underwent accessibility improvements, including enhancements to alt-text, clearer navigation labels, and more intuitive menu structures. These changes eliminated any reasonable expectation that the issues would recur.
The court noted that the website’s updated features, including its “use of an accessibility widget,” were critical in ensuring future compliance and effectively mooting the plaintiff’s claims.
Spotlight on Accessibility Technology: The Role of accessWidget
In parallel with the legal proceedings, the accessibility solution known as accessWidget played a central role in transforming the defendant’s website. Developed by accessiBe, accessWidget is an AI-powered tool designed to automatically detect and remediate accessibility barriers on digital platforms.
Key Points About accessWidget:
- Court Recognition: In the ruling, the judge specifically referenced “the site’s use of an accessibility widget” as part of the remedial measures. This acknowledgment underscores the importance of the accessibility widget in addressing accessibility issues.
- Enhanced Website Functionality: Beyond improving alt-text and navigation labels, the widget provided a range of adjustments—ensuring that screen-reading software can effectively interpret the website’s content.
- Proactive Compliance: The defendant not only made immediate updates but also committed to ongoing monthly monitoring and maintenance. This proactive approach was a crucial factor in convincing the court that any potential future violations were unlikely.
According to the statement provided by accessiBe, the vendor behind accessWidget, the technology and accompanying litigation support were instrumental in:
- Supplying detailed audit reports and accessibility statements.
- Offering technical guidance and support during the legal process.
- Demonstrating to the court that the accessibility issues had been sufficiently resolved.
Dr. Hidalgo himself emphasized the value of this support:
“accessiBe’s support was a tremendous help. Being involved in litigation is never easy, but accessiBe quickly provided the necessary documents and reports that showcased our accessibility efforts.”
This recognition marks a milestone for both accessWidget and accessiBe’s broader mission—to make the internet more accessible and inclusive for everyone.
The Essential Role of Comprehensive Audits and Manual Remediation
While the implementation of accessWidget played a critical role in modernizing the website’s accessibility, the court order highlights that a robust approach requires more than automated tools alone. Shortly after the filing of the lawsuit, Defendant proactively engaged in a thorough audit led by Brandon Shaw—an audit that proved pivotal in assuring the Court that any potential future accessibility issues had been effectively addressed.
Key Manual Improvements Detailed by Shaw
- Enhanced Alt-Text for Images
Shaw’s audit identified that the website’s images needed more descriptive alt-text to meet ADA standards. By elaborating on the alt-text, the site now provides a more meaningful context for visually impaired users who rely on screen readers. - Revamping Online Form Accessibility
A significant point of contention was the website’s “Contact Us” form. Originally, the form used placeholder text within the fields rather than properly positioned labels above them. Shaw’s remediation efforts included:- Removing the placeholders.
- Adding clear labels such as “Name” and “Telephone Number” above each field.
- Improved Navigability of the Website’s Menu
Beyond image and form adjustments, Shaw also addressed navigational challenges. The website’s menu was tweaked to enhance clarity and ease of use, ensuring that users can more intuitively find and access information. - Ongoing Monitoring and Maintenance
Perhaps most importantly, Shaw detailed a plan for ongoing monthly monitoring and maintenance. This proactive commitment is critical—not only did it remedy past shortcomings, but it also minimizes the risk of future violations by ensuring continuous compliance.
A Model for Holistic Accessibility Compliance
The detailed audit and subsequent manual adjustments serve as a strong reminder that achieving ADA compliance is a multi-layered process. While AI-powered solutions like accessWidget are invaluable in identifying and remediating many issues quickly, they work best when combined with:
- Expert Audits: Manual reviews to pinpoint subtle issues that may elude automated systems.
- Tailored Remediation: Custom solutions, such as revising form labels and improving navigational structures.
- Ongoing Oversight: Continuous monitoring to ensure that updates or new content do not inadvertently introduce new barriers.
The court’s reliance on Shaw’s comprehensive approach, alongside the implementation of accessWidget, echoes decisions in similar cases (such as Diaz v. Kroger Co., Guglielmo v. Neb. Furniture Mart, Inc., Extract Labs, and Crutchfield New Media). These precedents reinforce that effective ADA compliance is achieved through a combination of technology, expert evaluation, and continual maintenance.
Why This Matters
For businesses striving to create an accessible digital environment, the lesson is clear: relying solely on automated tools may not be enough. A partnership with experienced accessibility professionals is essential to:
- Identify nuanced accessibility issues.
- Implement precise, user-focused adjustments.
- Maintain compliance over time as digital content evolves.
By combining cutting-edge technology with rigorous manual processes, companies can not only safeguard against legal challenges but also ensure a truly inclusive user experience.
Implications for Future ADA Litigation and Website Accessibility
The dismissal of Erkan v. Hidalgo sends a dual message:
- For Plaintiffs: It reinforces the need for clear, concrete allegations that demonstrate both an immediate injury and a realistic threat of future harm.
- For Businesses: It highlights that investing in robust, proactive accessibility measures—such as those offered by accessWidget—can not only prevent legal disputes but also safeguard the company’s reputation and commitment to inclusion.
In an era where more than 4,000 ADA digital accessibility lawsuits were filed in 2024 alone, the use of technology like accessWidget offers a promising path forward. It serves as a practical solution for businesses seeking to meet compliance standards and create a genuinely accessible digital environment.
Building a More Inclusive Internet
Ultimately, this case illustrates how effective accessibility solutions can play a pivotal role in legal defenses and in the broader mission of inclusion. By combining AI-driven tools with expert support, companies can ensure their websites are not only compliant with legal standards but also truly welcoming for all users.
This case clearly demonstrates that combining AI-driven accessibility solutions with expert support is key not only for legal defense but for truly welcoming every user. As digital landscapes evolve, ensuring your website is compliant and accessible isn’t just a legal obligation—it’s a commitment to inclusion.
