ADA Website Accessibility Lawsuit: Mobile Food Ordering App
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius has filed an ADA Title III lawsuit against a mobile food ordering app provider in the United States District Court, Southern District of Florida, Miami Division, on May 4, 2020. The plaintiff, who is legally blind, alleges that the defendant's mobile application is not fully accessible to visually impaired consumers using screen reader software like Apple's VoiceOver, thus denying her equal access to its goods and services.
The complaint specifically alleges multiple WCAG violations, including failure to meet WCAG 2.1 A and AA levels. Cited issues include non-text content (WCAG 1.1.1) where menu icons are unlabeled and announced as "unpronounceable," meaningful sequence issues (WCAG 1.3.2) where locator options are difficult to follow due to non-relevant content appearing first and pop-ups not receiving focus, and name, role, value (WCAG 4.1.2) problems preventing online ordering. Additionally, the app reportedly uses images of text (WCAG 1.4.5) that are not readable by screen readers.
This lawsuit highlights the significant legal risk for businesses offering mobile applications that are not designed to be fully compatible with assistive technologies. Companies with inaccessible digital platforms may face similar ADA Title III claims, potentially leading to court-ordered injunctive relief requiring costly modifications to their applications and exposure to substantial attorney's fees.
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Case Q&A
What specific WCAG violations is this mobile food ordering app accused of?
The mobile food ordering app is accused of not meeting WCAG 2.1 A and AA levels, specifically citing non-text content (WCAG 1.1.1) with unlabeled menu icons, meaningful sequence issues (WCAG 1.3.2) with confusing locator options and pop-ups not receiving focus, missing name, role, value attributes (WCAG 4.1.2) hindering online orders, and images of text (WCAG 1.4.5) that are not screen-reader readable.
Who filed this lawsuit, and which law firm?
Windy Lucius filed this lawsuit, and she is represented by J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create?
This creates a legal risk for companies operating similar mobile applications, indicating they may face ADA Title III lawsuits for inaccessible digital platforms, leading to mandatory injunctive relief to update their apps and incur legal costs.