ADA Website Accessibility Lawsuit: an online jazz grill restaurant
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Brett DeSalvo, represented by WILSHIRE LAW FIRM, has filed an ADA website accessibility lawsuit in the United States District Court for the Central District of California on February 22, 2021, against an online jazz grill restaurant.
The complaint alleges numerous WCAG violations, including: lack of alternative text for non-text elements, graphics, and linked images; missing text for title frames; absence of equivalent text when using scripts; forms not providing the same information and functionality for visually impaired users; information and content structure not conveyed beyond visual presentation; inability to resize text; non-adjustable time limits; web pages lacking descriptive titles; indeterminate link purposes from text or context; missing or indiscernible keyboard focus indicators; undetermined default human language; context changes initiated on component focus or input without warning; absent labels or instructions for user input; markup validation errors (incomplete tags, improper nesting, duplicate attributes, non-unique IDs); inaccessible Portable Document Format (PDFs); and UI elements lacking programmatically determined names, roles, or settable properties, with changes not notified to user agents. Additionally, empty links and redundant links creating navigation repetition for keyboard and screen-reader users were cited.
This lawsuit highlights the significant legal exposure for any business operating an e-commerce website or digital platform that fails to comply with WCAG 2.1 guidelines, especially those serving the public in California. Such non-compliance can lead to federal and state disability discrimination claims, necessitating costly injunctive relief and statutory damages.
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Case Q&A
What specific WCAG violations is this online jazz grill restaurant accused of?
The alleged violations include: lack of alternative text for non-text elements, graphics, and linked images; missing text for title frames; absence of equivalent text when using scripts; forms not providing the same information and functionality for visually impaired users; and web pages lacking descriptive titles.
Who filed this lawsuit, and which law firm?
Brett DeSalvo, an individual who is visually impaired and uses screen-reading software, filed this lawsuit. He is represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This case demonstrates the ongoing legal risk for businesses whose websites are not fully accessible to visually impaired users, potentially leading to federal and state lawsuits, demands for injunctive relief to remediate accessibility barriers, and statutory damages under the ADA and California's Unruh Civil Rights Act.