Kentucky lets a person denied equal enjoyment of a business because of disability sue directly in circuit court for actual damages, an injunction and mandatory attorney's fees (KRS 344.450); no statutory minimum or civil penalty. (Interaction with a prior Commission filing, KRS 344.270, not reviewed.) On top of that, the federal ADA applies in Kentucky as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.
The law
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 Kentucky and everywhere else.
Lawsuits in Kentucky
The lawsuit tracker has no indexed court records from Kentucky yet.
Questions
Can a business in Kentucky 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 Kentucky law a person can sue the business directly. We found no court decision applying Kentucky law to a website.
What is the minimum a Kentucky court awards for a website accessibility violation?
Kentucky law sets no fixed minimum per violation. Kentucky lets a person denied equal enjoyment of a business because of disability sue directly in circuit court for actual damages, an injunction and mandatory attorney's fees (KRS 344.450); no statutory minimum or civil penalty. (Interaction with a prior Commission filing, KRS 344.270, not reviewed.)
Do I pay the plaintiff's lawyer if I lose or settle in Kentucky?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Kentucky law also provides for attorney's fees.
Which accessibility standard should a Kentucky 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.