Bars disability discrimination by public accommodations and expressly requires removal of 'architectural or communication' barriers where readily achievable (§ 14-02.4-14(2)). A customer can sue directly in district court within 180 days, with no need to go to the department first (§ 14-02.4-19(1)). Relief is an injunction or equitable relief, and the court may award the prevailing party reasonable attorney fees (§ 14-02.4-20). No fixed per-violation amount. On top of that, the federal ADA applies in North Dakota 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 North Dakota and everywhere else.
Lawsuits in North Dakota
The lawsuit tracker has no indexed court records from North Dakota yet.
Questions
Can a business in North Dakota 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 North Dakota law a person can sue the business directly. We found no court decision applying North Dakota law to a website.
What is the minimum a North Dakota court awards for a website accessibility violation?
North Dakota law sets no fixed minimum per violation. Bars disability discrimination by public accommodations and expressly requires removal of 'architectural or communication' barriers where readily achievable (§ 14-02.4-14(2)). A customer can sue directly in district court within 180 days, with no need to go to the department first (§ 14-02.4-19(1)). Relief is an injunction or equitable relief, and the court may award the prevailing party reasonable attorney fees (§ 14-02.4-20). No fixed per-violation amount.
Do I pay the plaintiff's lawyer if I lose or settle in North Dakota?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). North Dakota law also provides for attorney's fees.
Which accessibility standard should a North Dakota 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.