ADA Website Accessibility Lawsuit: a restaurant chain's mobile application
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC, has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, Miami Division on April 13, 2020. The complaint targets a restaurant chain operating a mobile application, alleging its inaccessibility to visually impaired users.
The lawsuit claims that the mobile application fails to meet WCAG 2.1 A level accessibility, specifically citing issues with WCAG guideline 2.4.3 Focus Order, where focus does not move logically to submenu items, preventing purchases. Additionally, it alleges a failure to comply with WCAG guideline 4.1.2 Name, Role, Value, indicating that elements are not built for accessibility, such as pop-ups that do not receive focus or are not announced to screen reader users. These deficiencies render the application unusable for blind and visually impaired individuals relying on assistive technology like VoiceOver.
This action highlights the significant legal risk for businesses offering mobile applications that are not fully accessible to disabled users. Companies with similar digital platforms could face ADA Title III lawsuits, demanding injunctive relief to implement reasonable modifications, ensure full accessibility, and provide equal enjoyment of goods and services to all consumers, including those with visual impairments.
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Case Q&A
What specific WCAG violations is this restaurant chain's mobile application accused of?
The mobile application is accused of failing to meet WCAG 2.1 A level accessibility, specifically violating WCAG 2.4.3 Focus Order (lack of logical focus movement to submenu items and unannounced pop-ups) and WCAG 4.1.2 Name, Role, Value (elements not built for accessibility).
Who filed this lawsuit, and which law firm?
Windy Lucius filed this lawsuit, represented by J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create?
This creates a legal risk for businesses with mobile applications that are not accessible to visually impaired users under ADA Title III, potentially leading to lawsuits seeking injunctive relief to mandate accessibility compliance and ensure equal access to goods and services.