ADA Website Accessibility Lawsuit: a restaurant's mobile app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius has filed a lawsuit in the United States District Court, Southern District of Florida, Miami Division, on April 10, 2020, alleging that a restaurant chain with a mobile ordering application violates Title III of the Americans with Disabilities Act due to its inaccessibility for visually impaired users.
The complaint specifically alleges violations of WCAG 2.1 A guidelines, including a 'No Keyboard Trap' issue (2.1.2) where screen reader users become stuck on hidden elements preventing online orders. Additionally, 'Name, Role, Value' (4.1.2) violations are cited for elements not built for accessibility, such as unannounced introductory slides. Furthermore, the application is accused of failing to meet WCAG 2.1 AA guideline 4.1.3 regarding 'Status Messages,' as price changes and quantity updates are not announced to screen reader users.
This action highlights the significant legal risks faced by businesses that offer digital platforms, such as mobile applications, which are considered public accommodations under the ADA Title III. Companies operating similar mobile ordering apps or digital services must ensure full accessibility for visually impaired consumers to avoid potential lawsuits and the need for costly injunctive relief.
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Case Q&A
What specific WCAG violations is this mobile ordering app accused of?
The mobile application is accused of WCAG 2.1 A violations, including a 'No Keyboard Trap' (2.1.2) preventing screen reader users from completing orders, and 'Name, Role, Value' (4.1.2) issues where elements are not properly announced. It also fails WCAG 2.1 AA 'Status Messages' (4.1.3) by not announcing price or quantity changes.
Who filed this lawsuit, and which law firm?
Windy Lucius filed this lawsuit, represented by the law firm J. Courtney Cunningham, PLLC.
What legal risk does this create?
This case underscores the legal risk for businesses, especially those operating mobile applications for public services, of violating ADA Title III if their digital platforms are not fully accessible to individuals with disabilities. It could lead to demands for injunctive relief and compliance modifications.