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ADA App Accessibility Lawsuit: Restaurant Chain

Case # · District Court, S.D. Florida · Filed April 22, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AWCAG 2.1 AAScreen Reader IncompatibilityFocus Order ViolationsInaccessible Images of Text

Case Summary

Windy Lucius has filed an ADA Title III lawsuit in the United States District Court Southern District of Florida Miami Division on April 22, 2020, alleging that a mobile application belonging to a restaurant chain is inaccessible to visually impaired users.

The complaint specifically cites violations of WCAG 2.1 A, including issues with Guideline 1.3.1 (Info and Relationships) where blind users cannot access options in the restaurant finder and visible focus disappears. It also highlights Guideline 2.4.3 (Focus Order), where pop-up windows are not announced and lack focus, preventing interaction. Furthermore, Guideline 4.1.2 (Name, Role, Value) is violated as custom interface components like the hamburger menu are inaccessible to VoiceOver users. Additionally, the app fails WCAG 2.1 AA Guideline 1.4.5 (Images of Text) because text on the "Deals and News" page is not accessible to screen readers, and generic labels provide no meaningful information.

This action underscores the ongoing legal risk for businesses operating mobile applications that do not fully integrate with assistive technologies like screen readers, potentially denying disabled individuals equal access to goods and services. Businesses in the digital commerce sector, especially those with associated physical public accommodations, must ensure their online platforms adhere to established accessibility guidelines to avoid similar litigation and comply with federal accessibility laws.

Case Q&A

What specific WCAG violations is this restaurant chain's mobile app accused of?

The mobile app is accused of violating WCAG 2.1 A Guidelines 1.3.1 (Info and Relationships), 2.4.3 (Focus Order), and 4.1.2 (Name, Role, Value), which prevent screen reader users from accessing options, interacting with pop-up windows, and navigating menus. It also violates WCAG 2.1 AA Guideline 1.4.5 (Images of Text) due to inaccessible text on the deals and news pages.

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 lawsuit highlights the legal vulnerability of businesses that provide mobile applications associated with public accommodations if those apps are not fully accessible to individuals with disabilities, particularly regarding screen reader compatibility and adherence to WCAG standards under ADA Title III.

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