ADA Website Accessibility Lawsuit: a restaurant chain's mobile application

In February 2020, Windy Lucius initiated legal proceedings against a popular mobile food ordering service, filing a federal complaint in the United States District Court for the Southern District of Florida, Miami Division. Represented by J. Courtney Cunningham, PLLC, Ms. Lucius, who is legally blind, alleges that the defendant organization's mobile application fails to provide equal access for visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act.

The complaint meticulously outlines several accessibility shortcomings. Specifically, the application reportedly violates WCAG 2.1 A guidelines by lacking proper semantic structure, where a 'continue' button isn't designated as a landmark or given a heading, forcing screen reader users to navigate extensive options. Furthermore, keyboard accessibility is compromised as the time selection for scheduled orders is not focusable with VoiceOver, and both time and date are treated as a singular element. Beyond this, WCAG 2.1 AA failures are noted; focus order is inconsistent, with navigation remaining on tabs rather than shifting to new content. Elements like search and clear icons are described as 'unpronounceable,' and critical navigation tabs entirely lack accessible names, preventing screen readers from providing meaningful context. Input fields also present issues, with the phone number input defaulting to a full keyboard instead of a numeric-only keypad, indicating a failure to identify input purpose.

This action underscores a pervasive legal vulnerability for businesses operating mobile applications that serve as an extension of their public accommodations. Any digital platform offering goods, services, or information, especially those linked to physical locations, must rigorously ensure their interfaces are fully compatible with assistive technologies like screen readers. Failing to implement robust accessibility features, as detailed in this case, exposes entities to significant litigation risks under the ADA, potentially leading to costly injunctions and reputational damage. Adherence to established standards like WCAG 2.1 AA is paramount for maintaining inclusivity and avoiding such legal challenges.