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ADA Website Accessibility Lawsuit: A Pizza Chain's Mobile App

Case # · District Court, S.D. Florida · Filed May 27, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AWCAG 2.1 AAScreen Reader IncompatibilityKeyboard Navigation FailureInaccessible Pop-up ElementsMissing Error IdentificationImproper Focus Order

Case Summary

Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a lawsuit in the United States District Court, Southern District of Florida, Miami Division, on May 27, 2020. The complaint alleges that a restaurant chain's mobile application is not fully accessible to and independently usable by visually impaired consumers, violating Title III of the Americans with Disabilities Act.

The lawsuit specifically details several WCAG violations. These include the app's failure to integrate properly with screen reader software (VoiceOver), inaccessible pop-up elements, dysfunctional search fields for locations, and non-compliance with WCAG 1.3.1 (Info and Relationships) due to confusing address input. Further issues cited involve WCAG 2.4.3 (Focus Order) with illogical navigation after menu interaction, WCAG 3.3.1 (Error Identification) for lacking clear error messages, WCAG 4.1.2 (Name, Role, Value) for inaccessible interactive elements, and WCAG 4.1.3 (Status Messages) where crucial messages were not announced or given keyboard focus, trapping users on loading screens.

This case highlights significant legal risks for businesses, especially those in the restaurant and retail sectors, that rely on mobile applications to serve the public. Failure to ensure full digital accessibility for individuals with disabilities, particularly regarding WCAG 2.1 A and AA standards, can lead to costly litigation and demands for injunctive relief to modify applications for compliance.

Case Q&A

What specific WCAG violations is this restaurant app accused of?

The app is accused of lacking screen reader integration, having inaccessible pop-up elements, dysfunctional search fields, violating WCAG 1.3.1 (Info and Relationships) and 2.4.3 (Focus Order), and failing on WCAG 3.3.1 (Error Identification), 4.1.2 (Name, Role, Value), and 4.1.3 (Status Messages).

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 legal risk for similar businesses whose mobile applications or websites are not fully accessible to disabled users, potentially leading to ADA Title III lawsuits and demands for injunctive relief and modifications.

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