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ADA Website Accessibility Lawsuit: a restaurant chain operator

Case # · District Court, S.D. Florida · Filed July 8, 2020

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.Α.

WCAG 2.0 Level AAMislabeled Homepage LinkUnlabeled LinksScreen Reader Incompatibility (Sliders)Lack of Accessible Forms

Case Summary

Plaintiff, Nelson Fernandez, has filed an ADA Title III lawsuit in a federal court against a restaurant chain operator on July 8th, 2020. The complaint alleges that the defendant's website, an extension and gateway to its physical restaurants, is inaccessible to visually disabled individuals who rely on screen reader software.

The lawsuit specifies several critical WCAG violations, including mislabeled homepage links, unlabeled links, site elements like sliders that fail to integrate with screen readers, and content presented in a manner that leads to information loss. Furthermore, the website reportedly lacks adequate prompting information for online forms and an effectively accessible 'accessibility' notice or policy for users with visual disabilities.

This legal action underscores the significant legal risks faced by businesses, particularly those in the restaurant industry with a strong online presence, that do not prioritize digital accessibility. Failure to provide a fully accessible website for disabled users may lead to ADA Title III litigation, emphasizing the imperative for ongoing adherence to established accessibility guidelines and the provision of necessary auxiliary aids.

Case Q&A

What specific WCAG violations is this restaurant chain operator accused of?

The lawsuit alleges the website has mislabeled homepage links, unlabeled links, site elements like sliders that do not integrate with screen readers, content presented in a way that causes information loss, and a lack of prompting information for online forms.

Who filed this lawsuit, and which law firm?

Nelson Fernandez filed this lawsuit, represented by Roderick V. Hannah, ES

, P.

and Law Office of Pelayo Duran, P.

What legal risk does this create?

This lawsuit indicates a legal risk for businesses, especially those in the food service sector with online services, if their websites are not fully accessible to individuals with visual disabilities under ADA Title III.

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