ADA Website Accessibility Lawsuit: Hospitality App
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius filed an ADA Title III digital accessibility lawsuit against a restaurant chain operating a food ordering mobile application in the United States District Court, Southern District of Florida, Miami Division, on May 5, 2020.
The lawsuit alleges various WCAG 2.1 A and AA violations, including unlabeled buttons (1.1.1 Non-Text Content), improper information and relationship structure where map elements are announced out of sequence (1.3.1 Info and Relationships, 1.3.2 Meaningful Sequence), non-adjustable time limits causing menus to close prematurely (2.2.1 Timing Adjustable), illogical focus order preventing item selection (2.4.3 Focus Order), offers menu items not working with VoiceOver (4.1.2 Name, Role, Value), and images of text failing to convey full information like prices (1.4.5 Images of Text).
This action highlights the ongoing legal risks faced by hospitality companies and other businesses operating mobile applications that fail to provide full and equal access to blind and visually impaired individuals, potentially leading to injunctive relief requiring costly modifications to ensure ADA compliance and prevent further discrimination.
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Case Q&A
What specific WCAG violations is this hospitality app accused of?
The app is accused of violations including unlabeled buttons (WCAG 1.1.1), improper information and relationship structure on maps (WCAG 1.3.1, 1.3.2), non-adjustable time limits on menus (WCAG 2.2.1), illogical focus order (WCAG 2.4.3), non-functional offers menu with VoiceOver (WCAG 4.1.2), and images of text lacking proper descriptions (WCAG 1.4.5).
Who filed this lawsuit, and which law firm represents the plaintiff?
The lawsuit was filed by Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create for businesses operating similar mobile applications?
Businesses operating mobile applications face legal risks of ADA Title III lawsuits, potentially leading to court-ordered injunctive relief for accessibility modifications and liability for legal costs, if their platforms are not fully accessible to users with disabilities.