ADA App Accessibility Lawsuit: a fast-casual restaurant chain
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius filed a federal lawsuit in the United States District Court for the Southern District of Florida, Miami Division, on June 11, 2020, against the operator of a fast-casual restaurant chain. Represented by J. Courtney Cunningham, PLLC, the plaintiff alleges that the mobile application provided by the defendant is inaccessible to visually impaired users, thereby violating Title III of the Americans with Disabilities Act.
The complaint details numerous Web Content Accessibility Guidelines (WCAG) violations, including WCAG 1.3.1 (Info and Relationships) due to a cart confirmation window not announcing titles or item relationships and items being announced out of order. WCAG 1.3.2 (Meaningful Sequence) is cited for content not being presented in a logical order, with navigation reversing and users not being notified of new sections or changes in navigation. Furthermore, WCAG 2.5.3 (Label in Name) is violated because several elements, such as an 'X' button and social media icons, lack accessible labels. The lawsuit also identifies WCAG 3.3.1 (Error Identification) and WCAG 3.3.3 (Error Suggestion) failures where onscreen error suggestions are not announced to screen reader users, and WCAG 4.1.3 (Status Messages) issues, as selected item confirmations are not conveyed via assistive technology.
This legal action underscores the significant legal risks faced by businesses operating digital platforms, such as mobile applications, that fail to comply with ADA Title III and WCAG standards. Companies with inaccessible apps may be exposed to lawsuits claiming discrimination and a denial of full and equal access to goods and services for individuals with disabilities, necessitating costly modifications and policy changes to achieve compliance.
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Case Q&A
What specific WCAG violations is this fast-casual restaurant app accused of?
The app is accused of WCAG 1.3.1 (Info and Relationships) for out-of-order announcements and unannounced titles, WCAG 1.3.2 (Meaningful Sequence) for illogical navigation flow, WCAG 2.5.3 (Label in Name) for missing element labels, WCAG 3.3.1 (Error Identification) and WCAG 3.3.3 (Error Suggestion) for unannounced error feedback, and WCAG 4.1.3 (Status Messages) for failing to announce selected item confirmations.
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 lawsuit highlights that businesses operating mobile applications must ensure their platforms are fully accessible to individuals with disabilities, or they risk facing ADA Title III litigation and being compelled to make costly modifications and policy changes.