ADA Website Accessibility Lawsuit: Restaurant Chain
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff Brett DeSalvo, represented by WILSHIRE LAW FIRM, filed a federal class-action lawsuit in the United States District Court for the Central District of California on March 19, 2020. The complaint targets an online restaurant chain, alleging its website is not fully and equally accessible to and independently usable by blind and visually-impaired individuals, in violation of the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The lawsuit specifies numerous WCAG violations, including the lack of alternative text for non-text elements and linked images, empty links without textual descriptions, and redundant links. It further alleges issues with content not being renderable into text for screen-reading software, missing title frames for identification and navigation, absent equivalent text for scripts, and forms that do not provide the same information and functionality as for sighted persons. Other cited barriers include content structure not conveyed visually, text resizing problems, time limit enforcement, unclear link purposes, and a non-discernible keyboard focus indicator.
This case underscores the significant legal exposure for businesses, particularly those in the food and beverage industry, that operate websites not compliant with digital accessibility standards. Failure to ensure full and equal access to online services for disabled users can lead to federal class-action lawsuits, demands for permanent injunctions to remediate accessibility barriers, and substantial statutory damages under both federal and state laws.
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Case Q&A
What specific WCAG violations is this online restaurant chain accused of?
The online restaurant chain is accused of lacking alternative text for non-text elements and linked images, having empty and redundant links, content not renderable into text, missing title frames, and inaccessible forms. Other violations include issues with content structure, text resizing, time limits, unclear link purposes, and a non-discernible keyboard focus indicator.
Who filed this lawsuit, and which law firm?
Plaintiff Brett DeSalvo filed this lawsuit, represented by the law firm WILSHIRE LAW FIRM.
What legal risk does this create?
This creates significant legal risk for businesses, particularly those with an online presence, as it highlights the necessity of ADA Title III website compliance. Failure to provide equal access for visually-impaired individuals can result in class-action lawsuits and demands for injunctive relief and statutory damages.