ADA Website Accessibility Lawsuit: a restaurant franchisor's mobile ordering app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius filed a lawsuit on June 29, 2020, in the United States District Court Southern District of Florida, Miami Division, against a mobile application associated with a restaurant franchisor.
The complaint alleges several WCAG violations, including under guideline 2.1.1 (Info and Relationships) where tutorial screens' titles and content are not programmatically associated and are announced out of order. Guideline 1.3.2 (Meaningful Sequence) is violated as VoiceOver users cannot return to the app from the nutrition chart, and focus does not move to the top of the screen. Further violations include guideline 2.4.3 (Focus Order) where the % Daily Value column is not announced, guideline 4.1.2 (Name, Role, Value) due to a stuck checkout process, and guideline 1.4.5 (Images of Text) because an "ADDED" confirmation image is not announced to screen reader users.
This case highlights the legal imperative for businesses offering digital platforms, particularly mobile applications, that act as a nexus to public accommodations, to ensure full accessibility for visually impaired individuals. Failure to integrate properly with assistive technologies like screen readers can lead to ADA Title III lawsuits seeking injunctive relief, costs, and attorneys' fees, underscoring the necessity for robust digital accessibility policies and implementation.
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Case Q&A
What specific WCAG violations is this restaurant's mobile ordering app accused of?
The mobile ordering app is accused of several WCAG violations, including issues with information and relationships (2.1.1) in tutorials, problems with meaningful sequence (1.3.2) preventing return from a nutrition chart, incorrect focus order (2.4.3) on nutrition facts, elements lacking proper name, role, value (4.1.2) causing a stuck checkout, and images of text (1.4.5) not being announced to screen readers.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create for businesses with similar mobile applications?
This case signals that businesses offering mobile applications as a nexus to public accommodations face significant legal risk under ADA Title III if their apps are not fully accessible to disabled users, especially those using screen readers. Non-compliance can result in demands for injunctive relief, requiring expensive modifications, and liability for the plaintiff's attorneys' fees and costs.