ADA Website Accessibility Lawsuit: an online marketplace and restaurant operator
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Richard Paul Merrell, represented by Wilshire Law Firm, filed a class action complaint on December 22, 2020, in the United States District Court for the Central District of California, alleging that an online marketplace and restaurant operator's website fails to be fully accessible to blind and visually impaired individuals. The lawsuit claims violations of the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The complaint specifically details a range of accessibility barriers, including the lack of alternative text for non-text elements and images, issues with keyboard navigation such as an indiscernible focus indicator, inaccessible Portable Document Format (PDFs), links with unclear purposes or empty text, and forms lacking proper labels or instructions. Other cited deficiencies include the inability to resize text without losing content, web pages without descriptive titles, and content structure problems due to improper use of markup languages and programmatic roles.
This litigation underscores the ongoing legal exposure for businesses operating websites that serve as places of public accommodation. Failure to ensure digital accessibility, particularly adherence to WCAG guidelines, can lead to lawsuits seeking permanent injunctions to mandate website modifications, as well as statutory damages and attorneys' fees for affected disabled users.
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Case Q&A
What specific WCAG violations is this online marketplace and restaurant operator accused of?
The complaint alleges violations including missing alternative text for images, lack of a discernible keyboard focus indicator, inaccessible PDF documents, links with ambiguous purposes, and forms without proper labels or instructions.
Who filed this lawsuit, and which law firm?
Richard Paul Merrell filed this lawsuit, and is represented by Wilshire Law Firm.
What legal risk does this create?
This case highlights the significant legal risk for online businesses, particularly those with physical locations, of facing litigation under ADA Title III and state civil rights acts like California's Unruh Act for failing to provide accessible websites to disabled users, potentially leading to injunctive relief and statutory damages.