ADA Website Accessibility Lawsuit: an online restaurant service
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff Brett DeSalvo has filed an ADA website accessibility lawsuit against an online restaurant service in the United States District Court for the Central District of California on January 10, 2020. Represented by WILSHIRE LAW FIRM, Mr. DeSalvo alleges that the defendant's digital platform is not equally accessible to visually-impaired users.
The complaint alleges numerous specific accessibility barriers on the restaurant's website. These include a lack of alternative text for non-text elements and linked images, resulting in screen readers being unable to describe graphics or images. Further issues cited are empty links lacking descriptive text, redundant links, and the absence of clear page titles for navigation. The platform also allegedly fails to provide accessible forms, clear link purposes, discernible keyboard focus indicators, or programmatically determined human language, and suffers from markup errors and inaccessible Portable Document Format (PDFs).
This action highlights the significant legal risks faced by online businesses that do not adhere to web accessibility standards such as WCAG 2.0/2.1. Companies operating similar digital platforms, particularly those in the food service industry offering online ordering and location information, should ensure their websites are fully accessible to individuals with visual impairments to avoid potential lawsuits under the Americans with Disabilities Act and state civil rights laws.
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Case Q&A
What specific WCAG violations is this online restaurant service accused of?
The online restaurant service is accused of lacking alternative text for non-text elements and linked images, having empty links, redundant links, and missing page titles. Other violations include inaccessible forms, unclear link purposes, missing keyboard focus indicators, undisclosed language, markup errors, and inaccessible PDFs.
Who filed this lawsuit, and which law firm?
Brett DeSalvo filed this lawsuit, represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This lawsuit underscores the necessity for online businesses, especially those offering services via a website, to comply with ADA Title III and WCAG standards. Failure to do so can lead to similar class action lawsuits, requiring injunctive relief, statutory damages, and legal fees to remedy accessibility barriers.