ADA Website Accessibility Lawsuit: Restaurant App Provider
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius has filed an ADA Title III lawsuit against a restaurant app provider in the United States District Court, Southern District of Florida, on July 14, 2020, alleging that its mobile application is not fully accessible to and independently usable by visually impaired consumers.
The complaint specifically details several WCAG violations, including a failure to provide text alternatives for non-text content such as an unlabeled cart icon (WCAG 1.1.1), missing indicators for mandatory fields (WCAG 1.3.1), a illogical focus order requiring excessive swiping to reach the checkout button (WCAG 2.4.3), unlabeled side menu icons and lack of a return mechanism (WCAG 3.3.2), and custom elements not built for accessibility, such as a non-functional menu section with VoiceOver (WCAG 4.1.2).
This action highlights the significant legal risks faced by other online food ordering platforms and service providers who offer mobile applications that do not comply with ADA Title III requirements, potentially leading to similar lawsuits and mandates for costly accessibility modifications to ensure full and equal enjoyment for all users.
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Case Q&A
What specific WCAG violations is this restaurant app provider accused of?
The app is accused of WCAG 1.1.1 (Non-Text Content) for unlabeled cart icons, WCAG 1.3.1 (Info and Relationships) for missing mandatory field indicators, WCAG 2.4.3 (Focus Order) for illogical navigation flow, WCAG 3.3.2 (Labels or Instructions) for unlabeled side menu buttons and missing return mechanisms, and WCAG 4.1.2 (Name, Role, Value) for custom elements not built for accessibility, such as a menu section that doesn't work with 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 lawsuit creates a legal risk for other businesses that operate mobile applications without ensuring they are fully accessible to and independently usable by visually impaired individuals, potentially resulting in ADA Title III litigation and requirements for injunctive relief to fix accessibility barriers.