ADA Website Accessibility Lawsuit: a restaurant's mobile 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 27, 2020, alleging that a restaurant's mobile application fails to comply with federal accessibility standards.
The complaint specifically alleges that the mobile application contains digital barriers preventing blind and visually impaired consumers from accessing it, even with assistive technology like Apple's VoiceOver. It is claimed that the app fails to properly interact with VoiceOver, rendering it unusable when the feature is active and only opening when VoiceOver is turned off. These issues are cited as a failure to meet WCAG 2.1 A level of accessibility, particularly violating guideline 4.1.2 concerning Name, Role, Value for accessible elements.
This lawsuit highlights the ongoing legal risk for businesses offering mobile applications that serve as a nexus to places of public accommodation. Companies in the retail and service sectors must ensure their digital platforms are fully accessible to individuals with disabilities, or they may face similar litigation under Title III of the Americans with Disabilities Act, risking injunctions and significant legal costs.
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Case Q&A
What specific WCAG violations is this restaurant's mobile app accused of?
The app is accused of failing to interact with assistive technology (VoiceOver), rendering it unusable when VoiceOver is on, and non-compliance with WCAG 2.1 A, specifically guideline 4.1.2 (Name, Role, Value).
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?
Businesses with mobile applications that connect to physical public accommodations face legal challenges under ADA Title III if their apps are not fully accessible to disabled users, potentially leading to injunctions and significant legal expenses.