ADA Website Accessibility Lawsuit: a restaurant chain's mobile app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius has filed an ADA Title III lawsuit in the United States District Court Southern District of Florida, Miami Division, on June 26, 2020, against a restaurant chain operating a mobile application. The complaint, filed by J. COURTNEY CUNNINGHAM, PLLC, alleges that the mobile application is not fully accessible to visually impaired consumers.
The plaintiff alleges the mobile application violates WCAG 2.1 A level accessibility guidelines. Specific violations include a failure to provide text alternatives for non-text content, with menu icons announced generically as 'Tab x of 5' instead of descriptive labels. Further, information and relationships are improperly conveyed, as a consent checkbox is announced as 'possibly close' instead of a checkbox, hindering user sign-up. Finally, custom elements lack accessibility, with a 'Lets Do it' button not announced as a button on an overlay that also prevents location selection for screen reader users.
This case highlights the critical legal exposure for any business operating an e-commerce website or mobile application under ADA Title III. Businesses must ensure their digital platforms are fully accessible and independently usable by individuals with visual impairments, or they risk similar lawsuits alleging discrimination and denial of full and equal enjoyment of goods and services.
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Case Q&A
What specific WCAG violations is this restaurant's mobile app accused of?
The mobile app is accused of violating WCAG 2.1 A guidelines, specifically 1.1.1 Non-Text Content (menu icons not labeled), 1.3.1 Info and Relationships (consent checkbox mislabeled), and 4.1.2 Name, Role, Value (button not announced and overlay issues for screen readers).
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 case signifies the ongoing legal risk for businesses whose mobile applications or websites are not fully accessible to visually impaired users, potentially leading to ADA Title III lawsuits and demands for injunctive relief and compliance modifications.