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ADA Website Accessibility Lawsuit: Restaurant Mobile App

Case # · District Court, S.D. Florida · Filed May 7, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 1.1.1 Non-Text ContentWCAG 1.3.1 Info and RelationshipsWCAG 2.4.3 Focus OrderWCAG 4.1.2 Name Role ValueScreen Reader Incompatibility

Case Summary

Plaintiff Windy Lucius filed a lawsuit against a foreign limited liability company operating a restaurant mobile application in the United States District Court, Southern District of Florida, on May 7, 2020. The complaint, represented by J. Courtney Cunningham, PLLC, alleges violations of Title III of the Americans with Disabilities Act due to the inaccessibility of the mobile application for visually impaired users.

The complaint details several WCAG violations, including: (1) Failure to provide text alternatives for non-text content, with icons (like cart and social media) not being labeled, causing the app to appear broken to screen reader users (WCAG 1.1.1). (2) Information, structure, and relationships not being programmatically determined or available in text, where elements and labels are not programmatically associated, leading to issues like days and hours being announced separately and multiple intro screens being read repeatedly (WCAG 1.3.1). (3) Failure to provide focus in a logical order, preventing VoiceOver users from placing online orders because product categories and subcategories are grouped as a single element, making individual items unselectable (WCAG 2.4.3). (4) Elements not built for accessibility (WCAG 4.1.2), causing confusion when selecting locations, as irrelevant information (like nearby businesses and streets) is announced before store details.

This lawsuit highlights the critical importance for businesses, particularly those in the food service industry offering mobile ordering or information applications, to ensure their digital platforms are fully accessible to individuals with disabilities. Non-compliance with ADA Title III and WCAG standards can lead to legal action, requiring costly modifications, injunctive relief, and payment of attorneys' fees and costs, underscoring the necessity of proactive accessibility auditing and remediation.

Case Q&A

What specific WCAG violations is this restaurant mobile app accused of?

The app is accused of lacking text alternatives for non-text content (WCAG 1.1.1), failing to programmatically associate information and relationships (WCAG 1.3.1), having an illogical focus order preventing online orders (WCAG 2.4.3), and not building all elements for accessibility (WCAG 4.1.2), leading to screen reader incompatibility and navigation issues.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case demonstrates the legal risk for businesses whose mobile applications are not accessible to individuals with visual impairments. Non-compliance with ADA Title III and WCAG standards can result in lawsuits seeking injunctive relief, forcing remediation of digital barriers, and requiring payment of legal costs and attorney's fees.

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