South Carolina's main public-accommodation act (§ 45-9-10) does not list disability. The separate Bill of Rights for Handicapped Persons bars discrimination in public accommodations 'without reasonable justification' (§ 43-33-530) and lets a person sue in common pleas for an injunction or up to $5,000 actual damages, plus attorney fees and costs (§ 43-33-540). 'Handicapped' is defined narrowly: a medically verified, substantial, lifelong impairment, excluding mental illness (§ 43-33-560). The white-cane law (§ 43-33-20) also guarantees equal access. On top of that, the federal ADA applies in South Carolina 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 South Carolina and everywhere else.
Lawsuits in South Carolina
The lawsuit tracker has no indexed court records from South Carolina yet.
Questions
Can a business in South Carolina 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 South Carolina law a person can sue the business directly. We found no court decision applying South Carolina law to a website.
What is the minimum a South Carolina court awards for a website accessibility violation?
South Carolina law sets no fixed minimum per violation. South Carolina's main public-accommodation act (§ 45-9-10) does not list disability. The separate Bill of Rights for Handicapped Persons bars discrimination in public accommodations 'without reasonable justification' (§ 43-33-530) and lets a person sue in common pleas for an injunction or up to $5,000 actual damages, plus attorney fees and costs (§ 43-33-540). 'Handicapped' is defined narrowly: a medically verified, substantial, lifelong impairment, excluding mental illness (§ 43-33-560). The white-cane law (§ 43-33-20) also guarantees equal access.
Do I pay the plaintiff's lawyer if I lose or settle in South Carolina?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). South Carolina law also provides for attorney's fees.
Which accessibility standard should a South Carolina 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.