ADA Website Accessibility Lawsuit: a food service app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius has filed an ADA Title III digital accessibility lawsuit against a restaurant group operating a food service app in the United States District Court, Southern District of Florida, Miami Division, on June 29, 2020.
The complaint alleges that the app, which is available through the Apple "app store" for download, contains several digital barriers that prevent blind and visually impaired users from accessing it with assistive technology. Specifically, it cites WCAG 1.1.1 for unlabeled cart icons, WCAG 1.3.1 for missing indicators on mandatory fields, WCAG 2.4.3 for an illogical focus order requiring excessive swiping to reach the checkout button, WCAG 3.3.2 for an unlabeled side menu button that lacks a return mechanism, and WCAG 4.1.2 where the menu section does not properly interact with screen reader software, forcing users to navigate through irrelevant content.
This action highlights the ongoing legal risks for businesses that offer mobile applications or digital platforms that function as an extension of a public accommodation, emphasizing the critical need for such platforms to comply with ADA Title III and WCAG guidelines to ensure full and equal access for all users, including those with visual impairments.
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Case Q&A
What specific WCAG violations is this food service app accused of?
The food service app is accused of several WCAG violations, including WCAG 1.1.1 (Non-Text Content) for unlabeled cart icons, WCAG 1.3.1 (Info and Relationships) for missing indicators on mandatory fields, WCAG 2.4.3 (Focus Order) for illogical navigation, WCAG 3.3.2 (Labels or Instructions) for unlabeled side menu elements, and WCAG 4.1.2 (Name, Role, Value) for screen reader incompatibility with menu sections.
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 demonstrates the legal exposure under ADA Title III for businesses that maintain inaccessible mobile applications, especially those linked to brick-and-mortar public accommodations. It underscores the necessity for digital platforms to be fully compliant with WCAG standards to avoid discrimination claims.