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ADA Website Accessibility Lawsuit: California Restaurant

Case # · District Court, C.D. California · Filed December 22, 2020

Plaintiff's Firm: WILSHIRE LAW FIRM

Missing Alt TextKeyboard Navigation FailureInaccessible PDFsMissing Page TitlesLink Purpose Unclear

Case Summary

Plaintiff Brett DeSalvo has filed a class action lawsuit against an online restaurant company in the United States District Court for the Central District of California on December 22, 2020. The complaint alleges violations of the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act, asserting that the defendant's website is not fully accessible to visually impaired individuals who rely on screen-reading software.

The complaint details several alleged WCAG violations, including the lack of alternative text for non-text elements and images, empty links without descriptive text, redundant links, and inaccessible Portable Document Format (PDFs). Further issues cited involve web pages lacking proper titles, difficulty determining the purpose of links, text that cannot be resized without losing content, and a user interface that lacks discernible keyboard focus indicators and programmatic access to elements.

This lawsuit underscores the critical importance for online businesses, especially those in the restaurant and hospitality sectors, to ensure their digital platforms comply with accessibility standards. Failure to provide equal access to website content and services for visually impaired users can lead to significant legal challenges, including demands for injunctive relief and statutory damages under both federal and state laws.

Case Q&A

What specific WCAG violations is this restaurant accused of?

The restaurant's website is accused of lacking alternative text for non-text elements and images, having empty links, redundant links, unresizable text, lacking keyboard operability, and containing inaccessible Portable Document Format (PDFs). Other issues include inadequate web page titles, difficulty determining link purpose, and problems with programmatic identification of user interface elements.

Who filed this lawsuit, and which law firm?

Plaintiff Brett DeSalvo filed this lawsuit, represented by Wilshire Law Firm.

What legal risk does this create?

This creates a legal risk for similar online businesses, particularly those in the restaurant industry, if their websites are not fully accessible to visually impaired individuals. Non-compliance with ADA Title III and WCAG guidelines can lead to lawsuits and demands for injunctive relief and statutory damages.

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