ADA Website Accessibility Lawsuit: Food Ordering Mobile App
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius has filed an ADA Title III lawsuit in the United States District Court for the Southern District of Florida, Miami Division, on May 7, 2020. The complaint targets the owner and operator of a mobile application used for ordering food and other products from a food franchise, alleging that the app is not fully accessible to visually impaired consumers.
The lawsuit asserts that the mobile application contains digital barriers, preventing blind and visually impaired users from full access, and does not properly interact with Apple's assistive technology (VoiceOver). Specific WCAG violations cited include 1.1.1 Non-Text Content (images in the app's tour are not announced), 2.5.3 Label in Name (registration buttons announced as 'dimmed'), 3.3.1 Error Identification (VoiceOver users are not notified of errors), 4.1.2 Name, Role, Value (navigation barriers on tour images), 1.4.5 Images of Text (instructional text in images not announced), and 3.3.3 Error Suggestion (error fixes not communicated to blind users). Promotional images also reportedly lack labels, and error messages are not announced.
This case highlights the ongoing legal risks for businesses that operate mobile applications without ensuring they are fully accessible to individuals with disabilities. Companies offering digital platforms linked to public accommodations, such as food service providers, must ensure their applications comply with ADA Title III and WCAG standards to avoid similar litigation and to provide equal access to all consumers.
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Case Q&A
What specific WCAG violations is this food ordering mobile app accused of?
The mobile app is accused of violating WCAG 2.1 A and AA standards, including issues with non-text content (1.1.1), proper labeling for screen readers (2.5.3), error identification (3.3.1), name, role, value (4.1.2), images of text (1.4.5), and error suggestion (3.3.3). Specifically, promotional images are unlabeled, error messages are not announced, and the app fails to properly interact with Apple's assistive technology.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Windy Lucius, and she is represented by J. Courtney Cunningham, PLLC.
What legal risk does this create?
This lawsuit creates a legal risk for companies that operate mobile applications, particularly those linked to public accommodations, if their apps are not fully accessible to individuals with disabilities. Failure to comply with ADA Title III and WCAG standards can lead to similar litigation and the denial of equal access to services.