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ADA Website Accessibility Lawsuit: A Restaurant Chain

Case # · District Court, S.D. Florida · Filed June 25, 2020

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., and LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 Level AAMislabeled LinksScreen Reader IncompatibilityKeyboard Navigation FailureMissing Alt Text

Case Summary

Plaintiff Nelson Fernandez has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, on June 25, 2020, against a restaurant chain. The plaintiff alleges that the company's website fails to provide equal access to individuals with visual disabilities, preventing full and equal enjoyment of services.

The complaint specifically cites barriers such as mislabeled links, site elements (like phone numbers) not labeled for screen reader integration, and inaccessible order functions. Furthermore, it suggests the absence of crucial accessibility features like alt-text for graphics and keyboard operability for all functions, which prevents visually disabled users from effectively communicating with and navigating the website. The plaintiff's expert confirmed that the site does not meet Web Content Accessibility Guidelines (“WCAG”) 2.0 Level AA.

This lawsuit underscores the ongoing legal risks for online businesses, particularly those with a physical nexus, if their digital platforms are not fully accessible to disabled users. Businesses in the restaurant and retail sectors must ensure their websites comply with ADA Title III and WCAG standards to avoid similar litigation and to provide equitable access to all customers.

Case Q&A

What specific WCAG violations is this restaurant chain accused of?

The restaurant chain is accused of having mislabeled links, site elements (like phone numbers) not labeled for screen reader integration, and inaccessible order functions. The complaint also implies a lack of alt-text for graphics and failures in keyboard navigation.

Who filed this lawsuit, and which law firm?

Nelson Fernandez filed this lawsuit, represented by RODERICK V. HANNAH, ES

, P.

, and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This case highlights the legal risk for online businesses, especially those with physical locations, if their websites are not compliant with ADA Title III and WCAG standards, potentially leading to similar accessibility lawsuits.

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