Website accessibility law in Arkansas

Arkansas lets a person with a sensory, mental or physical disability sue for compensatory and punitive damages and fees, but only for intentional discrimination in public accommodations. There is no fixed per-violation award and no administrative step first. On top of that, the federal ADA applies in Arkansas as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Minimum per violation
None set
Can a person sue for money?
Yes
Attorney's fees under state law
Yes
Other money remedies
  • compensatory damages, § 16-123-107(b)
  • punitive damages, § 16-123-107(b)
  • cost of litigation and reasonable attorney's fee in the court's discretion, § 16-123-107(b)
  • the employment damage caps in § 16-123-107(c) do not apply to public-accommodation claims
Websites
We found no court decision applying Arkansas law to a website.

The federal baseline

ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in Arkansas and everywhere else.

Lawsuits in Arkansas

The lawsuit tracker has no indexed court records from Arkansas yet.

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Questions

Can a business in Arkansas be sued over an inaccessible website?

Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under Arkansas law a person can sue the business directly. We found no court decision applying Arkansas law to a website.

What is the minimum a Arkansas court awards for a website accessibility violation?

Arkansas law sets no fixed minimum per violation. Arkansas lets a person with a sensory, mental or physical disability sue for compensatory and punitive damages and fees, but only for intentional discrimination in public accommodations. There is no fixed per-violation award and no administrative step first.

Do I pay the plaintiff's lawyer if I lose or settle in Arkansas?

Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Arkansas law also provides for attorney's fees.

Which accessibility standard should a Arkansas business website meet?

The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.