ADA Website Accessibility Lawsuit: An Online Restaurant Service
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Brett DeSalvo, represented by WILSHIRE LAW FIRM, filed a class action complaint on February 12, 2021, in the United States District Court for the Central District of California, alleging that an online restaurant service's website is inaccessible to visually impaired users. DeSalvo, a legally blind individual, relies on screen-reading software to navigate the internet and alleges that the website's design prevents full and equal access to the goods, services, and information offered by the defendant.
The complaint details numerous accessibility barriers, including a lack of alternative text for non-text elements and images, empty links without descriptive text, redundant links, and forms lacking the same information and functionality as for sighted users. Further violations cited include content that cannot be resized without loss, time limits without user control, web pages without descriptive titles, and user interfaces that lack discernible keyboard focus indicators. The website also allegedly contains inaccessible Portable Document Format (PDFs) and fails to programmatically determine the name and role of user interface elements, all hindering independent access.
This lawsuit highlights significant legal risks under Title III of the Americans with Disabilities Act and California's Unruh Civil Rights Act for businesses operating online platforms. Similar online restaurant services, e-commerce sites, and other public accommodations must ensure their digital presence is fully accessible to disabled users, including those who rely on assistive technologies like screen readers, to avoid potential litigation, costly injunctions, and statutory damages.
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Case Q&A
What specific WCAG violations is this online restaurant service accused of?
The online restaurant service is accused of having a website that lacks alternative text for non-text elements and images, features empty and redundant links, provides inaccessible forms, and has content that cannot be resized. Additionally, the website's web pages often lack descriptive titles, and its user interface components, including PDFs, are not programmatically determined or keyboard navigable, preventing effective use by screen readers.
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 liability for online restaurant services and similar digital public accommodations that fail to comply with ADA Title III and the Unruh Civil Rights Act. Non-compliance can lead to federal and state lawsuits, demands for permanent injunctions to remediate websites, and significant statutory damages, impacting businesses that do not prioritize digital accessibility for visually impaired users.