Website accessibility law in Oregon

A public accommodation may not make 'any distinction, discrimination or restriction' because a customer has a disability (ORS 659A.142(4)). A customer can sue in circuit court without going to BOLI first (ORS 659A.870), generally within 1 year (ORS 659A.875). The court may award at least $200 or compensatory damages, whichever is greater, plus punitive damages; it may award costs and attorney fees to the prevailing party, and any fee agreement needs court approval (ORS 659A.885(1), (3)(d)). On top of that, the federal ADA applies in Oregon as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Minimum per violation
$200
Can a person sue for money?
Yes
Attorney's fees under state law
Yes
Other money remedies
  • compensatory damages if greater than $200, ORS 659A.885(3)(a)
  • punitive damages, ORS 659A.885(3)(a)
  • injunctive and other equitable relief, ORS 659A.885(1)
  • jury trial on request, ORS 659A.885(3)(b)
Websites
We found no court decision applying Oregon law to a website.

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 Oregon and everywhere else.

Lawsuits in Oregon

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

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Questions

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

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

$200 per violation under ORS 659A.142(4), enforced by ORS 659A.885(1)-(3), before attorney's fees.

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

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

Which accessibility standard should a Oregon 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.