ADA Website Accessibility Lawsuit: a restaurant franchising company
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius filed a lawsuit against a restaurant franchising company in the United States District Court for the Southern District of Florida on April 22, 2020. The complaint alleges violations of Title III of the Americans with Disabilities Act, asserting that the defendant's mobile application is not fully accessible to visually impaired consumers using assistive technology.
The plaintiff, represented by J. COURTNEY CUNNINGHAM, PLLC, specifically identifies several WCAG violations within the app. These include a cart icon lacking a text alternative or description (WCAG 1.1.1 Non-Text Content), coffee customization options presented as a modal that does not receive focus or is not announced (WCAG 2.4.3 Focus Order), and an "Add to Order" button that lacks an accessible name (WCAG 2.5.3 Label in Name). These barriers prevent screen reader users from effectively navigating and utilizing the app's functions, such as adding items to a cart or customizing orders.
This case highlights the ongoing legal risks for businesses that operate mobile applications which fail to comply with ADA Title III and WCAG guidelines. Companies offering digital platforms must ensure their apps are designed to be independently usable by individuals with disabilities to avoid claims of discrimination and denial of equal access to goods and services.
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Case Q&A
What specific WCAG violations is this restaurant app accused of?
The app is accused of WCAG 1.1.1 (Non-Text Content) for a cart icon lacking a text alternative, WCAG 2.4.3 (Focus Order) for an unannounced and inaccessible modal, and WCAG 2.5.3 (Label in Name) for an unlabeled "Add to Order" button.
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 companies that offer mobile applications, as they may face lawsuits under ADA Title III if their apps are not accessible to visually impaired users, leading to denial of full and equal enjoyment of their services.