ADA App Accessibility Lawsuit: Food Service Provider
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius has filed an ADA Title III lawsuit against a food service provider in the United States District Court Southern District of Florida, Miami Division, on June 29, 2020. The complaint, represented by J. COURTNEY CUNNINGHAM, PLLC, alleges that the defendant's mobile application is inaccessible to visually impaired individuals, thereby denying them equal access to its goods and services.
The lawsuit specifically cites violations of WCAG 2.1 A, including guideline 1.1.1 Non-Text Content due to unlabeled controls on the order screen and unpronounceable navigational elements. Additionally, it highlights issues with WCAG guideline 2.4.3 Focus Order, stating that users cannot place orders with VoiceOver enabled, and navigation to ordering content via standard gestures is non-functional.
This action underscores the ongoing legal imperative for businesses operating mobile applications, particularly those linked to physical public accommodations, to ensure their digital platforms are fully accessible to individuals with disabilities. Failure to integrate with assistive technologies like screen reader software can result in allegations of discrimination under the Americans with Disabilities Act, prompting demands for injunctive relief and modifications to ensure equal access to goods and services.
Unlock Full Intelligence Report
Obtain the technical WCAG violation analysis, target metadata, and legal stakes for Case #.
Case Q&A
What specific WCAG violations is this app accused of?
The mobile application is accused of violating WCAG 2.1 A, specifically guideline 1.1.1 Non-Text Content, due to unlabeled controls and unpronounceable navigational elements. It also violates guideline 2.4.3 Focus Order, as users cannot place orders with VoiceOver enabled and navigation for ordering content is non-functional.
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 lawsuit highlights the risk for businesses with mobile applications connected to public accommodations if they are not fully accessible to disabled users. Non-compliance with WCAG standards, leading to barriers for assistive technologies like screen readers, can result in ADA Title III claims for injunctive relief and mandates for app modifications.