ADA Website Accessibility Lawsuit: a restaurant chain's mobile app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC, has filed an ADA Title III lawsuit against a restaurant chain in the United States District Court Southern District of Florida, Miami Division, on June 09, 2020, alleging its mobile application is inaccessible to visually impaired users.
The complaint alleges violations of WCAG 2.1 Level A guidelines, specifically 1.3.1 (Info and Relationships) where images for ordering options (Delivery, Pickup, Catering) are not announced or do not receive focus, preventing users from selecting them. It also cites WCAG 4.1.2 (Name, Role, Value), stating that elements are not built for accessibility, with VoiceOver users only hearing the first and last buttons on the main menu. Furthermore, the app fails to meet WCAG 2.1 Level AA, specifically guideline 2.4.6 (Headings and Labels), due to multiple unlabeled elements, such as the top navigation bar buttons being announced only as "button."
This case highlights the increasing legal exposure for businesses whose mobile applications are not designed to be fully accessible and independently usable by visually impaired consumers, underscoring the necessity of integrating assistive technologies like screen readers. Companies operating similar digital platforms risk litigation under ADA Title III if their apps contain barriers that prevent equal access to goods and services, leading to potential injunctive relief requirements and legal costs.
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Case Q&A
What specific WCAG violations is this mobile app accused of?
The mobile app is accused of violating WCAG 2.1 Level A guidelines, including 1.3.1 (Info and Relationships) for unannounced and unfocused ordering options, and 4.1.2 (Name, Role, Value) for poorly built accessible elements. It also violates WCAG 2.1 Level AA guideline 2.4.6 (Headings and Labels) due to unlabeled elements in its navigation.
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 offering mobile applications that are not accessible to individuals with disabilities, potentially leading to ADA Title III lawsuits, court-ordered modifications, and financial liabilities for non-compliance with digital accessibility standards.