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ADA Website Accessibility Lawsuit: a restaurant chain

Case # · District Court, C.D. California · Filed January 5, 2021

Plaintiff's Firm: WILSHIRE LAW FIRM

WCAG 2.1 AAMissing Alt TextEmpty LinksKeyboard Focus Indicator UndiscernibleInaccessible PDFs

Case Summary

Brett DeSalvo, represented by WILSHIRE LAW FIRM, filed a class action complaint against a restaurant chain operating a website, alleging violations of the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act. The lawsuit was filed on January 05, 2021, in the United States District Court for the Central District of California. The complaint alleges that the website's inaccessibility denies visually impaired customers full and equal enjoyment of the goods and services offered.

The complaint specifically details numerous accessibility barriers on the defendant's website, including a lack of alternative text for non-text elements (graphics, images), empty links that contain no text, and a keyboard operable user interface where the keyboard focus indicator is indiscernible. Further allegations include inaccessible Portable Document Format (PDFs), forms not providing the same information and functionality as for sighted persons, and web pages lacking titles that describe their topic or purpose. These barriers prevent screen-reading software users from independently accessing content.

This action highlights the significant legal risk faced by online businesses, particularly those in the hospitality and dining sectors, that fail to ensure their digital platforms comply with WCAG 2.1 guidelines. Non-compliance can lead to class action lawsuits, substantial statutory damages, and costly injunctive relief, necessitating a proactive approach to website accessibility to avoid similar litigation.

Case Q&A

What specific WCAG violations is this restaurant chain accused of?

The restaurant chain is accused of having a website with numerous accessibility barriers, including missing alternative text for non-text elements, empty links, keyboard navigation issues where the focus indicator is indiscernible, inaccessible Portable Document Format (PDFs), and forms that are not equally functional for all users.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Brett DeSalvo, represented by WILSHIRE LAW FIRM.

What legal risk does this create?

This case underscores the legal exposure for businesses whose websites do not comply with digital accessibility standards like WCAG 2.1. It suggests that businesses, especially those offering goods and services online, face potential class action litigation, demands for injunctive relief to remediate accessibility issues, and statutory damages if their platforms are not fully usable by disabled individuals.

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