ADA Website Accessibility Lawsuit: A Restaurant Chain's Mobile Application
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius filed a federal complaint on June 22, 2020, in the United States District Court, Southern District of Florida, against a restaurant chain operating a mobile application. The lawsuit alleges violations of Title III of the Americans with Disabilities Act, citing the inaccessibility of the app to blind and visually impaired individuals.
The complaint specifically alleges that the defendant's app does not properly interact with Apple's assistive technology, such as VoiceOver screen reader software. Key functionality like "Specials, Menu, Locations, and Get in Line" on the main screen do not receive focus or are announced to VoiceOver users. Furthermore, it alleges violations of WCAG guideline 1.3.1 (Info and Relationships) due to input fields lacking programmatically associated labels, WCAG guideline 2.1.1 (Keyboard) because visible buttons are not announced to VoiceOver users, WCAG guideline 2.4.3 (Focus Order) as the menu button doesn't work for VoiceOver users and focus order is illogical, and WCAG guideline 2.4.4 (Link Purpose) because the back button lacks clear context.
This legal action highlights the ongoing scrutiny faced by businesses offering digital platforms that serve as public accommodations. Companies that fail to ensure their mobile applications comply with ADA Title III and WCAG 2.1 A guidelines risk similar lawsuits, facing demands for injunctive relief to modify their apps for full accessibility and potential financial liabilities for legal costs and attorneys' fees.
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Case Q&A
What specific WCAG violations is this restaurant app accused of?
The mobile application is accused of failing to properly integrate with screen reader software like VoiceOver, with issues including key functionality not receiving focus, lack of programmatically associated labels for input fields (WCAG 1.3.1), visible buttons not announced to screen reader users (WCAG 2.1.1), illogical focus order for navigation elements (WCAG 2.4.3), and unclear link purpose for buttons (WCAG 2.4.4).
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 are not fully accessible to individuals with visual impairments, potentially leading to lawsuits under ADA Title III for injunctive relief, requiring expensive modifications to their digital platforms, and payment of legal fees.