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ADA Website Accessibility Lawsuit: a restaurant group

Case # · District Court, C.D. California · Filed October 4, 2021

Plaintiff's Firm: WILSHIRE LAW FIRM, PLC

WCAG 2.1 AAMissing Alt TextKeyboard Focus IndicatorForm Labels MissingInaccessible PDFs

Case Summary

Thuy Thanh Alonzo, represented by WILSHIRE LAW FIRM, PLC, has filed a class action lawsuit in the United States District Court for the Central District of California on October 4, 2021, against a restaurant group operating a Spanish cuisine restaurant. The complaint alleges that the restaurant group's website fails to provide full and equal access to visually impaired individuals, violating their rights under the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.

The plaintiff alleges numerous website accessibility barriers, including a lack of alternative text for non-text elements and linked images, missing title frames for identification and navigation, and an absence of equivalent text for scripts. Other reported issues involve forms without equivalent information and functionality for sighted users, content where meaning is conveyed solely by visual presentation, and text that cannot be resized without functionality loss. Further concerns include unadjustable time limits, missing page titles, unidentifiable link purposes, a keyboard operable interface lacking a discernible focus indicator, and the default human language not being programmatically determined. Additionally, the complaint notes automatic context changes without user advisement, missing labels for user input, improper markup language implementation, empty and redundant links, inaccessible Portable Document Format (PDFs), and user interface elements whose name and role cannot be programmatically determined.

This lawsuit highlights the ongoing legal risks for businesses, particularly those in the restaurant industry, that operate websites not fully compliant with digital accessibility standards like WCAG 2.1. Non-compliance can lead to class action litigation, demands for injunctive relief to remediate websites, statutory damages, and attorneys' fees, emphasizing the necessity for all online platforms to be independently usable by individuals with disabilities to avoid discrimination claims.

Case Q&A

What specific WCAG violations is this restaurant group accused of?

The specific WCAG violations alleged include a lack of alternative text for non-text elements and linked images, missing title frames, absence of equivalent text for scripts, inaccessible forms, lack of a discernible keyboard focus indicator, unidentifiable link purposes, and inaccessible Portable Document Format (PDFs).

Who filed this lawsuit, and which law firm represents the plaintiff?

The lawsuit was filed by Thuy Thanh Alonzo, and she is represented by WILSHIRE LAW FIRM, PLC.

What legal risk does this type of complaint create for similar businesses?

This lawsuit indicates significant legal exposure for businesses, especially those in the hospitality sector, that maintain inaccessible websites. Non-compliance with digital accessibility standards such as WCAG 2.1 can result in class action litigation, court-ordered injunctive relief for website remediation, and financial penalties including statutory damages and legal costs.

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