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ADA Website Accessibility Lawsuit: Mobile App for a Smoothie and Juice Retailer

Case #FL-16759413 · District Court, S.D. Florida · Filed January 24, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

Screen Reader IncompatibilityWCAG 2.1.1 Keyboard AccessibilityWCAG 2.1.2 Keyboard TrapWCAG 4.1.2 NameRoleValueWCAG 4.1.3 Status Messages

Case Summary

Windy Lucius, a legally blind individual and an advocate for disability rights, initiated legal proceedings against a popular smoothie and juice retailer in the United States District Court for the Southern District of Florida on January 24, 2020. The plaintiff alleges that the defendant's mobile application, a crucial digital interface for ordering and accessing services, is not independently usable by visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act.

The complaint outlines several specific accessibility failures, asserting the mobile application's non-compliance with WCAG 2.1 A and AA guidelines. Key issues include location page elements being inaccessible to VoiceOver users, product add-on selections lacking proper announcement, and error messages failing to be communicated through screen readers. Furthermore, the application reportedly suffers from a keyboard trap when attempting to select locations, lacks accessible roles for add-on options, provides an inappropriate full keyboard for phone number input fields, and neglects to announce status messages when input errors occur.

This legal action underscores the persistent digital accessibility challenges faced by businesses, particularly those operating mobile applications that serve as public accommodations. Entities offering digital services intertwined with their physical operations risk similar litigation if their platforms do not fully integrate with assistive technologies, thereby excluding disabled users. The case highlights the ongoing necessity for companies to proactively audit and remediate their digital assets to ensure compliance and avoid potential legal liabilities and reputational damage.

Case Q&A

What specific accessibility barriers did the plaintiff identify within the mobile application?

The plaintiff noted several issues, including inaccessible location page elements for VoiceOver, unannounced product add-on selections, silent error messages, a keyboard trap during location selection, missing accessible roles for add-on options, an incorrect keyboard type for phone number inputs, and unannounced status messages for errors.

Who is the plaintiff in this case, and which legal firm represents her?

The plaintiff is Windy Lucius, and she is represented by the law firm J. COURTNEY CUNNINGHAM, PLLC.

What broader implications does this lawsuit hold for businesses with digital platforms?

This case suggests that businesses offering mobile applications as an extension of their public accommodations must ensure these platforms are fully accessible to individuals with disabilities, or they risk facing similar ADA Title III litigation and associated legal consequences.

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