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ADA Website Accessibility Lawsuit: a restaurant group

Case # · District Court, C.D. California · Filed January 29, 2021

Plaintiff's Firm: WILSHIRE LAW FIRM

WCAG 2.1Missing Alt TextEmpty LinksKeyboard Navigation FailureInaccessible PDFs

Case Summary

David Loaiza, represented by WILSHIRE LAW FIRM, has filed a class action lawsuit in the United States District Court for the Central District of California on January 29, 2021. The plaintiff, a visually impaired and legally blind individual, alleges that the website of a major restaurant group fails to be fully accessible and independently usable by blind and visually impaired people. This action seeks redress for alleged violations of the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.

The complaint details several accessibility barriers, including the lack of alternative text for graphics and images, preventing screen readers from vocalizing descriptions. Other alleged violations include empty links without descriptive text, redundant links leading to the same URL, and linked images missing alt-text. The website also reportedly lacks discernible keyboard focus indicators, provides inaccessible Portable Document Format (PDFs), and fails to programmatically determine the name and role of all User Interface elements, thereby denying visually impaired consumers full and equal enjoyment of the online services and associated physical locations.

This lawsuit highlights the significant legal exposure faced by businesses operating websites that do not comply with digital accessibility standards like WCAG 2.1. Any online service provider, particularly those in the hospitality industry, that fails to ensure its digital platforms are fully accessible to individuals with disabilities risks similar class action litigation, potential injunctive relief mandating costly remediation, and statutory damages for each offense under both federal and state laws.

Case Q&A

What specific WCAG violations is this restaurant group accused of?

The restaurant group's website is accused of lacking alternative text for non-text elements and linked images, having empty links without descriptive text, containing redundant links, lacking discernible keyboard focus indicators, and featuring inaccessible Portable Document Format (PDFs).

Who filed this lawsuit, and which law firm?

David Loaiza filed this lawsuit. The plaintiff is represented by WILSHIRE LAW FIRM.

What legal risk does this create?

This case exposes businesses, particularly those in the hospitality sector, to legal risks if their websites are not fully accessible to visually impaired individuals. Failure to comply with accessibility standards can lead to class action lawsuits, injunctive relief requiring website modifications, and significant statutory damages under ADA Title III and state civil rights acts.

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