ADA Website Accessibility Lawsuit: Restaurant Mobile Application
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC, has filed a federal lawsuit in the United States District Court for the Southern District of Florida, Miami Division, on May 4, 2020. The complaint alleges that a restaurant chain's mobile application is not fully accessible to and independently usable by visually impaired consumers, violating Title III of the Americans with Disabilities Act.
The lawsuit specifically details several WCAG violations, including product flavors and toppings shown as images not being announced by screen reader software (WCAG 1.1.1 Non-Text Content and 1.4.5 Images of Text). Further accessibility barriers cited are flavor links not being announced with VoiceOver on (WCAG 2.4.4 Link in Purpose), an unlabeled hamburger menu (WCAG 2.5.3 Label in Name), and an inaccessible CAPTCHA on the registration page which renders as "undefined" and cannot be completed with VoiceOver (WCAG 4.1.2 Name, Role, Value).
This action highlights the significant legal risks faced by businesses operating mobile applications that serve as public accommodations. Entities offering online services and products must ensure their digital platforms comply with ADA Title III and WCAG standards to avoid similar lawsuits from visually impaired users seeking full and equal access.
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Case Q&A
What specific WCAG violations is this restaurant's mobile application accused of?
The mobile application is accused of missing alt text for product flavors and toppings shown as images, flavor links not being announced by screen readers, an unlabeled hamburger menu, and an inaccessible CAPTCHA on the registration page.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create?
This creates a legal risk for other businesses with mobile applications or websites that are considered public accommodations under ADA Title III if they do not ensure full accessibility for disabled users, particularly those who are visually impaired.