ADA Lawsuit State Migration 2026: Why Illinois Filings Surged 65%

The Big Picture: 8,667 Lawsuits in 2025

According to Seyfarth Shaw's annual ADA Title III lawsuit analysis, 8,667 federal lawsuits were filed under ADA Title III in 2025. This represents a slight decrease from the 2024 total, but remains near the all-time highs that have characterized the past several years.

But the headline number is almost misleading. The real story of ADA litigation in 2025 and 2026 isn't about how many lawsuits were filed — it's about where they were filed, and why the geographic distribution is undergoing its most dramatic shift in a decade.

Consider this: In 2022, New York and California together accounted for over 73% of all federal ADA website lawsuits. By 2025, their combined share had dropped to 54.5%. The lawsuits didn't disappear — they migrated. And understanding that migration pattern is essential for any business trying to assess its litigation risk.

State-by-State Breakdown: Top 10 Filing Jurisdictions

Here are the 10 states where the most federal ADA Title III lawsuits were filed in 2025, based on Seyfarth Shaw's data:

The top four states — California, Florida, New York, and Illinois — account for a staggering 83.1% of all federal ADA Title III lawsuits. But the composition of that top four has changed significantly:

• California remains the undisputed leader, filing more lawsuits than the next two states combined
• Florida surpassed New York for the #2 position — a first in modern ADA litigation history
• New York fell to #3 after dominating for years, losing over half its filing volume since 2022
• Illinois climbed to #4 with a 65% year-over-year surge that demands attention

The Illinois Surge: 65% Increase Explained

Illinois went from 399 federal ADA filings in 2024 to 659 in 2025 — a 65% increase that represents the single largest proportional jump among any top-filing state. To understand why, you need to understand what's happening in New York.

The New York Connection

The Illinois surge didn't happen in isolation. It's directly correlated with New York's decline. As federal judges in New York's Southern and Eastern Districts began scrutinizing serial plaintiff standing, plaintiff attorneys needed new jurisdictions where they could file with less friction.

Illinois was the logical choice for several reasons:

• Proximity to New York plaintiff firms — Many firms already had Illinois operations or could easily establish them. Filing in the Northern District of Illinois (Chicago) is straightforward for firms accustomed to Eastern seaboard litigation.
• Less developed skeptical precedent — Unlike SDNY, which has produced multiple rulings questioning serial plaintiff standing, Illinois federal courts haven't yet built a comparable body of skeptical case law around ADA website claims.
• Large business population — Chicago and the surrounding metro area provide a target-rich environment. Any business with a website accessible to Illinois residents can potentially be sued there.
• Plaintiff-friendly consumer protection history — Illinois has a history of strong consumer protection enforcement, which creates a favorable backdrop for ADA claims.

The New York Exodus: Courts Fighting Back

New York's 54% drop in federal ADA filings over three years (3,173 in 2022 → 1,471 in 2025) is the most dramatic decline in ADA litigation history. It didn't happen by accident — it was driven by a series of increasingly skeptical federal court rulings.

Key Judicial Actions

The New York trajectory offers a preview of what may eventually happen in Illinois and other rising jurisdictions. As courts accumulate case law and judges become more familiar with serial plaintiff patterns, the judicial pushback tends to follow — typically on a 3-5 year lag.

For a deeper analysis of how courts are fighting back against serial filers, see our comprehensive analysis of judicial scrutiny of serial ADA plaintiffs.

Florida's Quiet Rise to #2

Florida's ascent to the #2 filing jurisdiction is less dramatic than Illinois's surge but potentially more significant. With 1,823 federal ADA lawsuits in 2025, Florida has overtaken New York for the first time in modern ADA litigation history.

Several factors are driving Florida's growth:

• Active plaintiff attorneys — Law firms like Kravets Law (200+ ADA website suits) and serial plaintiffs like Drummond have established high-volume practices in South Florida, particularly targeting e-commerce businesses.
• Tourism and hospitality industry — Florida's massive tourism sector creates thousands of potential targets. Hotels, restaurants, attractions, and tour operators are particularly vulnerable because they serve the public directly.
• E-commerce concentration — South Florida has become a hub for online retail, from direct-to-consumer brands to dropshipping operations, all of which are subject to ADA website requirements.
• Media attention amplifying awareness — Cox TV investigations in Jacksonville and Orlando have exposed the scale of serial ADA litigation in Florida, bringing attention to the issue but also potentially encouraging more plaintiffs to file in the state.

The Emerging States: Indiana, Colorado, and Missouri

While the top-four states grab headlines, the emergence of Indiana, Colorado, and Missouri as growing ADA litigation jurisdictions signals the geographic broadening of website accessibility enforcement.

The pattern is clear: as New York contracts, the lawsuit volume doesn't disappear — it redistributes. States that previously saw minimal ADA website litigation should expect increasing filing activity over the next 2-3 years. The legislative response in states like Missouri, Utah, and California suggests that legislators are already seeing the trend.

The Zero-Filing States: Safe Harbors or Ticking Time Bombs?

Three states reported zero federal ADA Title III filings in 2025: Montana, North Dakota, and South Dakota. But businesses in these states shouldn't mistake low filing volume for immunity.

• ADA applies nationwide — A business in Montana with a website accessible to consumers in California can be sued in California federal court, not Montana
• Demand letters don't appear in filing data — Many ADA claims are resolved through demand letters that never become formal lawsuits. Businesses in "zero filing" states may still be receiving accessibility demands
• Migration patterns are unpredictable — Indiana had minimal filings until 2025, when it suddenly entered the top 10. Any state could see a similar spike if plaintiff attorneys identify it as a favorable jurisdiction
• State-level enforcement exists — Some states have their own disability discrimination laws that supplement or parallel the ADA, creating additional liability regardless of federal filing patterns

The Hidden Trend: Migration to State Courts

The Seyfarth Shaw data — and all publicly available ADA lawsuit statistics — only capture federal court filings. This creates a significant blind spot: the growing volume of ADA website claims being filed in state courts.

The federal-to-state migration is driven by the same judicial pushback that's causing geographic migration:

• Lower standing bars — Many state courts have less rigorous requirements for demonstrating standing to sue. While federal courts have increasingly required proof of genuine purchase intent, state courts may accept more general allegations of discriminatory barriers
• State disability laws — States like New York and California have their own civil rights laws (New York Human Rights Law, California's Unruh Civil Rights Act) that provide additional causes of action beyond the federal ADA
• Statutory damages — Some state laws provide minimum statutory damages that can be more lucrative than federal ADA remedies, which are limited to injunctive relief. California's Unruh Act, for example, provides $4,000 minimum damages per violation
• Less judicial familiarity — State court judges may be less familiar with the serial plaintiff patterns that have made federal judges skeptical, at least initially

What This Means for Your Business

The state migration trend creates different implications depending on where your business operates:

How to Protect Yourself Regardless of Location

The geographic migration of ADA lawsuits underscores a fundamental point: compliance is the only reliable protection. You can't predict which state will surge next, but you can make your website accessible enough to either avoid lawsuits or resolve them quickly and inexpensively.

Step 1: Know Your Current State

Run an automated accessibility scan to identify your most critical violations. Automated tools catch approximately 30-40% of WCAG issues instantly — including the high-visibility problems (missing alt text, contrast failures, missing form labels) that appear in virtually every ADA website complaint.

Step 2: Fix the Critical Issues First

Focus on the violations that appear most frequently in ADA complaints:

• Missing alt text — Present in 58.4% of websites and cited in the majority of ADA complaints
• Insufficient color contrast — Affects 81% of websites according to the WebAIM Million report
• Keyboard accessibility failures — Users who can't navigate your site with a keyboard alone are being discriminated against
• Missing form labels — Makes forms unusable for screen reader users
• Missing page language — A simple fix (add lang="en" to your HTML tag) that's cited in many complaints

For a complete prioritized fix guide, see our guide to fixing common WCAG failures.

Step 3: Implement Ongoing Monitoring

One-time fixes aren't enough. Content updates, CMS changes, third-party integrations, and design refreshes can reintroduce accessibility violations at any time. Repeat lawsuits — where a business gets sued again after settling — are a growing problem precisely because businesses fix issues once and then let compliance degrade.

Regular monitoring creates a documented record of good-faith compliance efforts that can be valuable in settlement negotiations if you are targeted.

Step 4: Document Everything

Businesses with documented accessibility policies and remediation histories are better positioned to:

• Negotiate lower settlements if sued (courts recognize good-faith efforts)
• Qualify for the IRS Disabled Access Credit (Form 8826) — up to $5,000/year in tax credits
• Meet Section 508 requirements for federal contracting
• Prepare for the April 24, 2026 ADA Title II deadline

Frequently Asked Questions