ADA Website Accessibility Lawsuit: restaurant's website
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff Portia Mason has filed a lawsuit in the United States District Court for the Central District of California on March 10, 2023, alleging that an online restaurant's website is not fully and equally accessible to visually impaired individuals. The complaint contends that the e-commerce website, which offers essential services like online ordering, gift card purchases, reservations, and access to menus, violates the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The lawsuit specifically details multiple access barriers, including the website's failure to incorporate proper coding practices, which renders nonvisual elements unreadable by screen-reading software. This incompatibility prevents blind and visually impaired users from independently navigating the site and utilizing crucial features such as making reservations. The plaintiff emphasizes that the defendant's deficient coding practices deny equal access and enjoyment of the services provided by the restaurant through its digital platform.
This legal action highlights the ongoing risk for businesses that operate websites not compliant with digital accessibility standards, such as WCAG 2.1. Similar businesses face the potential for permanent injunctions, statutory minimum damages of $4,000 per offense under California law, and liability for attorneys' fees and costs if their digital platforms exclude disabled users.
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Case Q&A
What specific WCAG violations is this online restaurant accused of?
The online restaurant is accused of general website coding failures, screen-reader incompatibility, and a lack of proper coding to convey meaning and structure of the website's content, which prevents visually impaired users from accessing services like making reservations.
Who filed this lawsuit, and which law firm?
Portia Mason filed this lawsuit, represented by Wilshire Law Firm.
What legal risk does this create?
This lawsuit creates a legal risk for similar businesses of facing permanent injunctions, statutory damages under the Unruh Civil Rights Act, and liability for attorneys' fees and costs due to inaccessible websites under ADA Title III.