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ADA Website Accessibility Lawsuit: restaurant app

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

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 1.1.1 Non-Text ContentWCAG 2.4.3 Focus OrderWCAG 3.3.2 Labels or InstructionsWCAG 4.1.3 Status MessageScreen Reader Incompatibility

Case Summary

Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a lawsuit on April 22, 2020, in the United States District Court, Southern District of Florida, Miami Division, against a restaurant app provider. The complaint alleges that the mobile application violates Title III of the Americans with Disabilities Act by failing to provide full and equal access to visually impaired consumers.

The complaint specifically details several WCAG violations, including: WCAG 1.1.1 (Non-Text Content) as the "Add to Cart" button is unlabeled; WCAG 2.4.3 (Focus Order) because pop-up messages for ordering do not receive focus and are not announced; WCAG 3.3.2 (Labels or Instructions) where the shopping cart icon is unlabeled; and WCAG 4.1.3 (Status Message) as critical pop-up messages are announced as "no features visible," preventing blind users from completing orders.

This case underscores the legal imperative for businesses operating digital platforms, such as restaurant apps, to ensure their online services are fully accessible and independently usable by individuals with disabilities. Failure to comply with ADA Title III and WCAG guidelines exposes companies to significant legal risks, including demands for injunctive relief and the payment of attorneys' fees and costs.

Case Q&A

What specific WCAG violations is this restaurant app accused of?

The restaurant app is accused of WCAG 1.1.1 (Non-Text Content) for unlabeled buttons, WCAG 2.4.3 (Focus Order) for unannounced pop-up messages, WCAG 3.3.2 (Labels or Instructions) for an unlabeled shopping cart icon, and WCAG 4.1.3 (Status Message) for unannounced status messages.

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 creates a legal risk for companies whose mobile applications or digital platforms do not comply with ADA Title III and WCAG standards, potentially leading to lawsuits demanding injunctive relief to fix accessibility barriers and coverage of legal costs and fees.

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