ADA Website Accessibility Lawsuit: a food service app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a lawsuit in the United States District Court Southern District of Florida, Miami Division, on April 17, 2020. The complaint alleges that a food service company's mobile application is not fully accessible to visually impaired consumers, violating Title III of the Americans with Disabilities Act (ADA).
The lawsuit specifically claims that the mobile application fails to meet WCAG 2.1 A and AA levels of accessibility. Alleged violations include a lack of text alternatives for non-text content (WCAG 1.1.1), incorrect reading order and relationships for cart items (WCAG 1.3.1), a illogical focus order that prevents users from perceiving selector openings (WCAG 2.4.3), and inadequate error identification and suggestions (WCAG 3.3.1 and 3.3.3). Additionally, the process for customizing orders is reportedly inaccessible, preventing users from completing purchases (WCAG 4.1.2).
This case highlights the significant legal risks faced by businesses that offer digital platforms, such as mobile applications, which are not designed to be fully accessible and independently usable by individuals with visual impairments. Non-compliance with ADA Title III and WCAG standards can lead to costly litigation and requirements for injunctive relief to modify digital properties.
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Case Q&A
What specific WCAG violations is this food service app accused of?
The app is accused of failing WCAG 2.1 A and AA standards, including violations related to Non-Text Content (1.1.1), Info and Relationships (1.3.1), Focus Order (2.4.3), Error Identification (3.3.1), Name, Role, Value (4.1.2), and Error Suggestion (3.3.3).
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 lawsuit demonstrates the legal risk for companies offering mobile applications that are not accessible to users with disabilities, potentially leading to ADA Title III violations and demands for injunctive relief.