Website accessibility law in Hawaii

Hawaii lets a person injured by disability discrimination at a business sue for at least $1,000 (or triple damages) plus attorney's fees, and the State can add $500–$10,000 per day; a complaint to the Hawaii Civil Rights Commission and a right-to-sue notice are generally required first (ch. 368, per HCRC materials, not independently verified). On top of that, the federal ADA applies in Hawaii as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Statute: Discrimination in Public Accommodations, Haw. Rev. Stat. ch. 489 (§§ 489-2, 489-3, 489-7.5, 489-8) (opens in a new tab)
Minimum per violation: $1,000
Can a person sue for money?: Yes
Attorney's fees under state law: Yes
Other money remedies: threefold damages sustained (if greater than $1,000), § 489-7.5(a)(1)
injunction with attorney's fees and costs, § 489-7.5(a)(2)
Civil penalty: $500–$10,000 per violation, each day a separate violation, in a civil action by the attorney general or civil rights commission on behalf of the State, § 489-8(b)
Websites: We found no court decision applying Hawaii law to a website.

Verified against the official statute text, Oct 7, 2026. A summary, not legal advice.

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 Hawaii and everywhere else.

Lawsuits in Hawaii

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

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Questions

Can a business in Hawaii 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 Hawaii law a person can sue the business directly. We found no court decision applying Hawaii law to a website.

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

$1,000 per violation under Discrimination in Public Accommodations, Haw. Rev. Stat. ch. 489 (§§ 489-2, 489-3, 489-7.5, 489-8), before attorney's fees.

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

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

Which accessibility standard should a Hawaii 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.