Maine expressly requires auxiliary aids and reasonable modifications in public accommodations (§ 4592(1)); an aggrieved person may sue (§ 4621), but attorney's fees (§ 4614) and civil penal damages up to $20,000+ are available only if the person first filed with the Maine Human Rights Commission (§ 4622). Website complaints have been filed with the MHRC per press reports, but no court ruling was found. On top of that, the federal ADA applies in Maine 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 Maine and everywhere else.
Lawsuits in Maine
The lawsuit tracker has no indexed court records from Maine yet.
Questions
Can a business in Maine 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 Maine law a person can sue the business directly. We found no court decision applying Maine law to a website.
What is the minimum a Maine court awards for a website accessibility violation?
Maine law sets no fixed minimum per violation. Maine expressly requires auxiliary aids and reasonable modifications in public accommodations (§ 4592(1)); an aggrieved person may sue (§ 4621), but attorney's fees (§ 4614) and civil penal damages up to $20,000+ are available only if the person first filed with the Maine Human Rights Commission (§ 4622). Website complaints have been filed with the MHRC per press reports, but no court ruling was found.
Do I pay the plaintiff's lawyer if I lose or settle in Maine?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Maine law also provides for attorney's fees.
Which accessibility standard should a Maine 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.