ADA Website Accessibility Lawsuit: Food Retailer Mobile App

Windy Lucius, a legally blind individual, has filed an ADA Title III lawsuit against the developer and operator of a mobile food ordering application in the United States District Court, Southern District of Florida, on May 20, 2020. The plaintiff alleges that the mobile application is not fully accessible to visually impaired consumers using assistive technologies like Apple's VoiceOver.

The complaint details several WCAG violations, including missing text alternatives for non-text content (WCAG 1.1.1), improper focus order for search results on the Locations page (WCAG 2.4.3), unlabeled images of text in the navigation menu (WCAG 1.4.5), and a failure to announce status messages for screen reader users when search results are displayed (WCAG 4.1.3). These barriers allegedly prevent blind and visually impaired users from independently navigating and utilizing the app's features, such as locating stores, viewing menus, and accessing special offers.

This lawsuit underscores the significant legal risk for businesses operating mobile applications that do not meet ADA Title III and WCAG accessibility standards. Companies in the digital space, particularly those with apps connected to public accommodations, must ensure their platforms are fully usable by individuals with disabilities to avoid similar injunctive relief demands, costs of suit, and attorneys' fees.