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ADA Website Accessibility Lawsuit: a food service company

Case # · District Court, C.D. California · Filed June 30, 2020

Plaintiff's Firm: MANNING LAW, APC

Missing Alt TextUnlabeled Form ElementsInsufficient Navigational HeadingsScreen Reader IncompatibilityInaccessible Interactive Elements

Case Summary

Plaintiff PERLA MAGENO has filed a lawsuit in the United States District Court, Central District of California, on June 30, 2020, against an online food service company. The complaint alleges that the defendant's website, which offers access to its products and services, is not fully accessible to and independently usable by blind and visually-impaired individuals under Title III of the Americans with Disabilities Act and California's Unruh Civil Rights Act.

The lawsuit specifically alleges multiple access barriers including graphics, links, and buttons lacking proper labels or alternative text (Alt-text); numerous unlabeled or mislabeled buttons and links; insufficient navigational headings leading to increased time to access information; inaccessible allergen and nutrition facts links and descriptions for screen-reading technology; and an ineffective accessibility widget that failed to improve usability for visually-impaired users.

This action highlights the ongoing legal risks for businesses operating e-commerce websites and digital platforms that fail to adhere to established web accessibility guidelines, such as WCAG. Companies in the food service and retail sectors offering online goods and services may face similar litigation if their digital properties are not made fully accessible to all disabled consumers, potentially leading to injunctive relief and statutory damages.

Case Q&A

What specific WCAG violations is this online food service company accused of?

The online food service company is accused of having graphics, links, and buttons that are unlabeled, incorrectly labeled, or lack Alt-text; multiple unlabeled or mislabeled buttons and links; insufficient navigational headings; inaccessible allergen and nutrition facts links and descriptions; and an ineffective accessibility widget.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Perla Mageno, and the plaintiff is represented by Manning Law, APC.

What legal risk does this create?

This case creates a legal risk for other businesses, particularly in the food service and retail industry, that do not ensure their websites are fully accessible to individuals with disabilities, potentially leading to lawsuits seeking injunctive relief and statutory damages for ADA and Unruh Civil Rights Act violations.

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