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ADA Website Accessibility Lawsuit: a restaurant app provider

Case # · District Court, S.D. Florida · Filed June 26, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AWCAG 2.1 AAScreen Reader IncompatibilityIncorrect Element Naming/LabelingStatus Message Accessibility Failure

Case Summary

Windy Lucius has filed an ADA Title III lawsuit against a restaurant app provider in the United States District Court for the Southern District of Florida, Miami Division, on June 26, 2020, alleging that its mobile application is not accessible to visually impaired users.

The complaint specifically cites several WCAG 2.1 A and AA violations, including issues with WCAG 1.3.1 (Info and Relationships) where quantity adjustment buttons are not operable by screen reader users and elements are announced incorrectly. It further alleges WCAG 2.5.3 (Label in Name) violations, where page titles are mispronounced, and WCAG 4.1.2 (Name, Role, Value) issues, such as a "Hungry for More" button being mislabeled as "Add to bag button" during checkout, preventing order finalization. Additionally, WCAG 4.1.3 (Status Messages) is violated as status messages after placing an order are not communicated to visually impaired users.

This case highlights the ongoing legal risks for online businesses, particularly those operating mobile applications, that fail to ensure full accessibility for individuals with visual impairments. Businesses offering similar digital platforms must ensure their applications are fully compatible with assistive technologies like screen readers to avoid potential discrimination lawsuits under ADA Title III.

Case Q&A

What specific WCAG violations is this restaurant app provider accused of?

The mobile application is accused of violating WCAG 1.3.1 (Info and Relationships) due to inaccessible quantity adjusters, WCAG 2.5.3 (Label in Name) for mislabeled page titles, WCAG 4.1.2 (Name, Role, Value) for an improperly named checkout button, and WCAG 4.1.3 (Status Messages) for failing to communicate status updates to screen reader users.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC.

What legal risk does this create?

This creates a legal risk for companies with mobile applications that do not properly integrate with assistive technologies like screen readers, potentially leading to lawsuits alleging discrimination under ADA Title III for denying equal access to goods and services.

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