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ADA Website Accessibility Lawsuit: a restaurant group

Case # · District Court, C.D. California · Filed December 17, 2020

Plaintiff's Firm: WILSHIRE LAW FIRM

WCAG 2.1 AAMissing Alt TextKeyboard Navigation InaccessibilityScreen Reader IncompatibilityInaccessible Forms and PDFs

Case Summary

Plaintiff Brett DeSalvo, represented by WILSHIRE LAW FIRM, has filed a class action lawsuit in the United States District Court for the Central District of California on December 17, 2020. The complaint alleges that a restaurant group's website is inaccessible to blind and visually impaired individuals, thereby violating the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.

The lawsuit specifically details numerous Web Content Accessibility Guidelines (WCAG) violations, including a lack of alternative text for non-text elements and linked images, empty links, redundant links, and inaccessible forms. Other barriers cited include an inability to resize text without loss of content, web pages lacking descriptive titles, issues with keyboard operability and focus indicators, and non-programmatically determined language and UI element roles.

This legal action underscores the importance of digital accessibility for all online businesses, particularly those operating in California. Failure to adhere to established accessibility guidelines, such as WCAG 2.1, can lead to significant legal exposure, including injunctive relief, statutory damages, and the recovery of attorneys' fees and costs for an online restaurant group.

Case Q&A

What specific WCAG violations is this online restaurant group accused of?

The online restaurant group is accused of numerous WCAG violations, including missing alternative text for non-text elements and linked images, empty and redundant links, inaccessible forms, and an inability to resize text without loss of content. Other issues include web pages lacking descriptive titles, keyboard operability problems, and non-programmatically determined language and user interface element roles.

Who filed this lawsuit, and which law firm?

Brett DeSalvo filed this lawsuit, represented by the WILSHIRE LAW FIRM.

What legal risk does this create?

This creates a significant legal risk for similar online businesses, indicating that inaccessible websites violating the ADA and Unruh Civil Rights Act can result in lawsuits seeking injunctive relief, statutory minimum damages, and attorneys' fees and costs.

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