California Website Accessibility Claims and the Unruh Act

Updated October 13, 2026 · 5 min read

Short answer: California’s Unruh Civil Rights Act lets people sue businesses for discrimination, and a violation of the ADA is also treated as a violation of Unruh. Unruh carries a minimum statutory damages amount per violation, which is why many website claims are brought under it, often in state court.

This guide offers general information only and is not legal advice. For questions about a specific claim or demand letter, consult an attorney licensed in California.

What the Unruh Act is

The Unruh Civil Rights Act is a California state law that prohibits discrimination by business establishments. It covers a range of protected characteristics, including disability. It applies to businesses that serve the public in California, and it is enforced mainly through private lawsuits rather than by a government agency.

Unruh is separate from the federal Americans with Disabilities Act (ADA). The two laws overlap in a way that matters for websites, covered below.

How Unruh ties to the ADA

California law provides that a violation of the federal ADA is also a violation of Unruh. In practice, this means a person who alleges an ADA violation by a business can often bring a claim under Unruh as well, and Unruh can offer remedies the ADA does not.

The difference in remedies is the main reason the two are linked in so many complaints:

	Federal ADA (Title III)	California Unruh Act
Who can sue	Private individuals and the Department of Justice	Private individuals
Money damages for private plaintiffs	Generally not available	Available, including minimum statutory damages
Main remedy for private plaintiffs	Court orders to change the practice (injunctive relief)	Statutory damages plus injunctive relief
Attorney’s fees	Can be awarded	Can be awarded

Because private plaintiffs under Title III of the ADA generally cannot recover money damages, an Unruh claim is how many plaintiffs seek a monetary award in California. The details of any particular case vary, so treat this table as a general orientation only.

Minimum statutory damages per violation

Unruh sets a minimum amount of statutory damages for each occasion on which a person was denied equal access. The statute states the minimum figure, and a court may award more in some circumstances. You can confirm the current amount in the statute text or with an attorney, since this guide does not rely on a specific number.

Two points are worth understanding:

The unit is the violation or occasion, not the page. How a court counts violations in a website case, for example per visit, per barrier, or per attempted access, is something courts have handled in different ways.
Damages are in addition to fixing the problem. Making changes to a website after a claim is filed does not necessarily erase a damages claim for earlier visits.

California law also includes provisions that can affect how these claims are pleaded and what plaintiffs must show, particularly for repeat filers. These rules have changed over time, so check current requirements with counsel rather than relying on older summaries.

Why many cases are in state court

You may notice that many California website accessibility claims are in state court rather than federal court. There are a few commonly discussed reasons, though the mix varies:

Unruh is a state law. Claims based only on state law belong in state court unless there is another basis for federal jurisdiction.
Federal courts have discretion over state-law claims. When a federal case includes both an ADA claim and an Unruh claim, a federal judge may decline to hear the state claim in some circumstances. Courts have not applied this uniformly.
State-law procedural rules differ. California has its own procedures for these claims, which can influence where and how they are filed.

None of this means federal filings have stopped. Our federal filing tracker covers federal cases only, so it does not capture state court activity. For the broader picture, see ADA website lawsuits explained.

Where the website standard comes from

Neither the ADA nor Unruh names a technical standard for websites. In practice, demand letters and complaints often reference the Web Content Accessibility Guidelines (WCAG), commonly version 2.1 at level AA. Courts and agencies have not settled one universal rule on how WCAG applies to private business websites, and the Department of Justice has published information on web accessibility at ada.gov.

WCAG is published by the W3C. You can read the standard itself at w3.org. If you want a plain-English walkthrough, start with our WCAG 2.1 AA checklist or the WCAG reference.

Common barriers that tend to appear in complaints include:

Images without useful text alternatives (1.1.1 Non-text Content)
Pages that cannot be used by keyboard alone (2.1.1 Keyboard)
Low text contrast (1.4.3 Contrast (Minimum))
Form fields without labels (3.3.2 Labels or Instructions)
Controls that do not expose a name and role to assistive technology (4.1.2 Name, Role, Value)

If you receive a demand letter or complaint

A demand letter is not a court filing, but it should be taken seriously. General, non-legal steps many business owners take include:

Do not ignore it. Note any deadlines and keep the original letter and envelope or email.
Contact an attorney. Ask for someone with experience in California accessibility claims.
Preserve records. Keep your website’s version history and any prior accessibility work.
Start documenting your site’s condition. A dated accessibility audit record shows what was tested and when.
Be cautious with quick fixes. Some tools that promise instant results have been the subject of disputes; see accessibility overlays and lawsuits.

For more on this stage, read our guide to the ADA website demand letter.

What reducing risk looks like

No tool or checklist guarantees protection from a claim, and passing an automated scan does not mean a site meets WCAG. Automated testing finds only some issues, so manual checks matter too, including screen reader testing and keyboard testing.

A practical sequence is to audit against WCAG 2.1 AA, fix the highest-impact barriers first, retest, and keep dated records. If you want a starting point, you can run a free scan to see which automated issues appear. Remediation help from us is coming soon but is not offered yet.

Frequently asked questions

Is the Unruh Act the same as the ADA?

No. The Unruh Act is a California state law, and the ADA is a federal law. They are connected because California treats an ADA violation as a violation of Unruh, which lets a plaintiff bring a state-law claim alongside or instead of a federal one.

Why does Unruh matter for website claims?

Private plaintiffs under the federal ADA generally cannot recover money damages, while Unruh provides minimum statutory damages. That difference is a major reason accessibility claims against California businesses are often framed under Unruh.

Does Unruh only apply to businesses located in California?

Not necessarily. It concerns business establishments serving people in California, so an out-of-state business with California customers may face questions about whether it applies. How courts treat this depends on the facts, so ask an attorney about your situation.

Are website accessibility cases in California always in state court?

No. Many are filed in state court, but some are filed in federal court, often with both ADA and Unruh claims. Federal judges have discretion over whether to hear the state-law portion, and outcomes have varied.

Will fixing my website after a claim end the case?

Not automatically. Fixing barriers can address a request for changes, but a claim for damages tied to earlier visits may continue. An attorney can explain how this applies to your circumstances, and this guide is not legal advice.

Proof of Access provides technical accessibility assessments. We are not a law firm and nothing on this page is legal advice. If you have received a demand letter or a lawsuit, talk to an attorney.