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ADA Website Accessibility Lawsuit: Restaurant Chain

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

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AAMislabeled LinksMissing Alt Text on ImagesInaccessible FormsScreen Reader Incompatibility

Case Summary

Plaintiff Nelson Fernandez initiated a lawsuit against a restaurant chain operator in the United States District Court for the Southern District of Florida on June 25, 2020. The complaint alleges that the defendant's website, which serves as a crucial digital extension for its physical restaurant locations, is inaccessible to visually disabled individuals.

The complaint specifically details several access barriers on the e-commerce website, including mislabeled homepage links, content that loses information when presented, missing descriptions for image content, and empty forms. These issues prevent visually impaired users from effectively communicating with and fully navigating the online platform, leading to a denial of equal enjoyment of the website's services, privileges, and advantages, and a failure to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher.

This litigation underscores the significant legal risks faced by businesses across various industries, particularly those with an online presence, if their websites fail to comply with ADA Title III digital accessibility requirements. Companies that do not provide accessible online experiences for disabled users may be subject to similar lawsuits, demanding injunctive relief, policy modifications, and recovery of attorney's fees for the plaintiff.

Case Q&A

What specific WCAG violations is this restaurant chain operator accused of?

The restaurant chain operator's website is accused of having mislabeled homepage links, content that loses information when presented, missing descriptions for image content, and empty forms. These issues lead to a failure to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This case highlights the legal risk for any business with an online platform under ADA Title III if their website is not accessible to individuals with disabilities. Such businesses could face lawsuits seeking mandatory accessibility modifications and payment of legal costs.

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