ADA Website Accessibility Lawsuit: A Frozen Dessert Retailer's Mobile App

Plaintiff Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC, has filed an ADA Title III lawsuit against a mobile app offering food and other goods in the United States District Court, Southern District of Florida, on April 28, 2020. The complaint alleges that the mobile application, which operates as a nexus to physical public accommodations, fails to provide full and equal enjoyment of its services to visually impaired users.

The complaint details several specific accessibility barriers, including that the mobile application does not properly interact with Apple's assistive technology, VoiceOver screen reader software. Key violations cited include a failure to meet WCAG 2.1 A level of accessibility, particularly non-compliance with WCAG guideline 2.4.3 Focus Order. This deficiency prevents visually impaired users from accessing individual product options within categories, making it impossible to select items and complete purchases through the app.

This case highlights the significant legal exposure for businesses that offer mobile applications to the public, especially those linked to brick-and-mortar stores. Failure to design and maintain these digital platforms to be fully accessible and independently usable by individuals with disabilities, in compliance with ADA Title III and WCAG guidelines, can lead to lawsuits and demands for injunctive relief.