The public accommodations act is enforced by the Equal Opportunity Commission (or county attorneys) through complaint, conciliation and cease-and-desist orders, with no damages remedy in its text. Complaints must be filed within 10 days of the act (§ 20-141(6)). Fees are available only on district-court appeal (§ 20-142(2)). The § 20-133 definition lists physical establishments and has not been applied to websites. § 20-148 may allow a separate civil suit, but that was not confirmed. On top of that, the federal ADA applies in Nebraska 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 Nebraska and everywhere else.
Lawsuits in Nebraska
The lawsuit tracker has no indexed court records from Nebraska yet.
Questions
Can a business in Nebraska 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. Whether Nebraska law lets a person sue a business directly for money is unconfirmed in the statute text we read. We found no court decision applying Nebraska law to a website.
What is the minimum a Nebraska court awards for a website accessibility violation?
Nebraska law sets no fixed minimum per violation. The public accommodations act is enforced by the Equal Opportunity Commission (or county attorneys) through complaint, conciliation and cease-and-desist orders, with no damages remedy in its text. Complaints must be filed within 10 days of the act (§ 20-141(6)). Fees are available only on district-court appeal (§ 20-142(2)). The § 20-133 definition lists physical establishments and has not been applied to websites. § 20-148 may allow a separate civil suit, but that was not confirmed.
Do I pay the plaintiff's lawyer if I lose or settle in Nebraska?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Whether Nebraska law adds its own fee award is unconfirmed.
Which accessibility standard should a Nebraska 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.