ADA Website Accessibility Lawsuit: a mobile food ordering application
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC, filed a lawsuit against a mobile food ordering application provider in the United States District Court, Southern District of Florida, on May 20, 2020. The complaint alleges violations of Title III of the Americans with Disabilities Act (ADA) due to the inaccessibility of the provider's mobile application for visually impaired users. This action seeks to ensure full and equal access to the digital platform's goods and services.
The lawsuit specifically details several WCAG 2.1 A level accessibility failures. These include a violation of WCAG 1.3.1 (Info and Relationships) because required fields in a 'Create Profile' form are not programmatically determined or marked, only revealing errors upon submission. Furthermore, the mobile application fails WCAG 4.1.2 (Name, Role, Value) as critical buttons for ordering (pickup or delivery) are neither announced nor receive focus when screen reader software like VoiceOver is active, rendering the ordering process unusable for blind individuals.
This case underscores the significant legal exposure for businesses operating digital platforms, such as mobile applications, especially those linked to physical public accommodations. Companies must ensure their digital offerings are fully accessible and independently usable by individuals with disabilities, or they risk federal lawsuits seeking injunctive relief, policy modifications, and financial penalties like attorney's fees and court costs, as mandated by ADA Title III.
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Case Q&A
What specific WCAG violations is this mobile food ordering application accused of?
The mobile food ordering application is accused of WCAG 1.3.1 (Info and Relationships) for unlabelled required form fields and WCAG 4.1.2 (Name, Role, Value) for unannounced and unfocused interactive elements that prevent screen reader users from placing orders.
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 creates a legal risk for businesses whose mobile applications or digital platforms are not fully accessible and independently usable by visually impaired individuals, especially when linked to public accommodations, as they may face ADA Title III lawsuits.