ADA Website Accessibility Lawsuit: a timeshare resort operator
Plaintiff's Firm: WILSHIRE LAW FIRM, PLC
Case Summary
Plaintiff Crystal Redick filed a class action lawsuit in the United States District Court for the Central District of California on July 8, 2021, against a timeshare resort operator. Represented by WILSHIRE LAW FIRM, PLC, Redick alleges that the operator's website is not fully and equally accessible to and independently usable by blind and visually-impaired individuals, violating the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The complaint cites numerous specific accessibility barriers, including the lack of alternative text for graphics and images, empty links without descriptive text, and redundant links that confuse screen-reader users. Other alleged violations include the absence of text equivalents for non-text elements and scripts, inaccessible forms, and content presented solely through visual means without conveying underlying structure or meaning. Further issues highlighted are the inability to resize text without losing functionality, enforced time limits without user control, missing descriptive page titles, and keyboard-operable user interfaces that lack a discernible focus indicator. The lawsuit also points to non-programmatically determined human language, context changes without user advice, missing labels for user input, markup language errors, inaccessible Portable Document Format (PDFs), and user interface elements that cannot be programmatically determined or modified.
This legal action underscores the significant risks faced by businesses, including timeshare operators and other public accommodations, whose digital platforms fail to comply with established accessibility guidelines like WCAG 2.1. Inaccessible websites can lead to class action lawsuits, mandating costly injunctive relief to implement changes, and potentially requiring statutory damages and attorney's fees under federal and state anti-discrimination laws. The case highlights the ongoing legal imperative for online services to ensure equal access for all users, particularly those who rely on assistive technologies.
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Case Q&A
What specific WCAG violations is this timeshare resort operator accused of?
The website is alleged to have numerous accessibility barriers, including a lack of alternative text for non-text elements, graphics, and images, as well as empty links and linked images missing descriptive text. Other reported issues include redundant links, inaccessible forms, content conveyed only by visual presentation, and the inability to resize text without loss of functionality. Furthermore, web pages lack descriptive titles, keyboard-operable interfaces miss discernible focus indicators, and Portable Document Format (PDFs) are inaccessible. User interface elements are also cited for not being programmatically determinable, preventing full access for screen-reader users.
Who filed this lawsuit, and which law firm?
Crystal Redick filed this lawsuit, represented by WILSHIRE LAW FIRM, PLC.
What legal risk does this create?
This creates a legal risk for similar businesses to face class action lawsuits under ADA Title III and Unruh Civil Rights Act, potentially resulting in court-ordered permanent injunctions, statutory damages, and liability for attorney's fees if their websites are not fully accessible to disabled users.