ADA Website Accessibility Lawsuit: Hair Salon Franchise
Plaintiff's Firm: Wilshire Law Firm
Case Summary
Meghan Downing has filed a class action lawsuit against a national hair salon franchise in the United States District Court for the Central District of California on August 23, 2021. The plaintiff, who is visually impaired and legally blind, alleges that the defendant's website is inaccessible to screen-reading software users, thereby denying her and a proposed class equal access to the digital platform and its integrated services, in violation of the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The complaint details numerous specific accessibility barriers on the e-commerce website, including the lack of alternative text for non-text elements and linked images, absence of title frames for identification and navigation, and failure to provide equivalent text when using scripts. Other alleged violations include forms not offering the same information and functionality for sighted and visually impaired users, content structure not being conveyed beyond visual presentation, and text that cannot be resized. The website also reportedly has issues with enforced time limits, missing page titles, non-descriptive link purposes, lack of discernible keyboard focus indicators, undeterminable default human language, unadvised changes in context, missing labels or instructions for user input, markup language errors, inaccessible Portable Document Format (PDFs), and user interface elements with undetermined name/role.
This lawsuit highlights the significant legal risks for any business operating an online platform that fails to meet digital accessibility standards. Companies in the beauty and personal care industry, especially those with integrated online and physical operations, should ensure their websites comply with WCAG 2.1 guidelines to avoid potential ADA Title III litigation, ensure equitable access for all consumers, and prevent claims of discrimination under federal and state civil rights laws.
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Case Q&A
What specific WCAG violations is this hair salon franchise accused of?
The hair salon franchise's website is accused of lacking text equivalents for non-text elements, not providing title frames with text for identification and navigation, failing to provide equivalent text when using scripts, and not offering forms with the same functionality as for sighted persons. Other violations include text that cannot be resized, enforced time limits without user control, missing page titles, undeterminable link purposes, lack of keyboard focus indicators, and inaccessible Portable Document Format (PDFs). The complaint also cites empty links, redundant links, and general markup language errors.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Meghan Downing, represented by Wilshire Law Firm.
What legal risk does this create?
This case creates a legal risk for other businesses with online platforms that are not accessible to individuals with disabilities, particularly those relying on screen-reading software. It emphasizes the necessity of adhering to ADA Title III and WCAG 2.1 guidelines to prevent lawsuits alleging discrimination and to ensure full and equal access to goods and services.