ADA Website Accessibility Lawsuit: an online cannabis product retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Thuy Thanh Alonzo has filed a class action lawsuit against an online cannabis product retailer in the United United States District Court for the Central District of California on October 29, 2021. The plaintiff, represented by WILSHIRE LAW FIRM, alleges that the defendant's website is not fully and equally accessible to blind and visually-impaired individuals, violating the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The complaint details numerous accessibility barriers on the website. These include a lack of alternative text for non-text elements and linked images, preventing screen readers from vocalizing descriptions. Other issues involve empty links and redundant links that cause navigation confusion. The website further lacks equivalent text for scripts, does not provide forms with the same functionality as for sighted users, fails to convey content structure via non-visual means, and prevents text resizing without loss of functionality. Additionally, users face problems with time limits, missing page titles and link purposes, indiscernible keyboard focus indicators, unprogrammatically determined default language, and changes in context without user notification. The website also contains inaccessible Portable Document Format (PDFs), and its user interface elements cannot be programmatically determined or set, impacting assistive technology.
This lawsuit underscores the significant legal exposure for online businesses, particularly those operating in e-commerce, that fail to ensure their digital platforms are accessible to individuals with disabilities. Companies with similar website deficiencies risk class action litigation under the ADA Title III and state civil rights laws, potentially leading to costly injunctive relief mandates, statutory damages, attorney fees, and the requirement to overhaul their digital accessibility policies and practices to comply with established standards like WCAG 2.1.
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Case Q&A
What specific WCAG violations is this online cannabis product retailer accused of?
This online cannabis product retailer is accused of several WCAG violations, including a lack of alternative text for non-text elements and linked images, empty and redundant links, inaccessible forms, and an inability to resize text without losing functionality. The website also lacks proper page titles, discernible keyboard focus indicators, and programmatically determinable user interface elements, in addition to containing inaccessible PDFs.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Thuy Thanh Alonzo, represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This lawsuit highlights the legal risk for online businesses that do not ensure their websites are accessible to disabled users. Non-compliant digital platforms can lead to class action lawsuits, requiring significant investment in accessibility remediation, statutory damages, and legal fees.