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ADA Website Accessibility Lawsuit: a restaurant chain's mobile application

Case # · District Court, S.D. Florida · Filed July 16, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AScreen Reader IncompatibilityVoiceOver Accessibility FailureNameRoleValue Violation (WCAG 4.1.2)Digital Accessibility Barriers

Case Summary

Plaintiff Windy Lucius filed a lawsuit against a restaurant chain's mobile application in the United States District Court for the Southern District of Florida on July 16, 2020. The complaint alleges violations of Title III of the Americans with Disabilities Act, specifically regarding the inaccessibility of the mobile application for visually impaired users.

The complaint details several WCAG violations, including the defendant's app not properly interacting with Apple's assistive technology (VoiceOver), thereby creating digital barriers. Specifically, it failed to meet WCAG 2.1 A level of accessibility, with a particular focus on guideline 4.1.2 – Name, Role, Value, where custom elements such as food categories and individual items were not announced or selectable, causing VoiceOver users to be unable to navigate them.

This action highlights the ongoing legal risks for businesses that operate mobile applications and other digital platforms, emphasizing the critical need for compliance with ADA Title III and WCAG guidelines to ensure full and equal access for visually impaired consumers and avoid potential litigation.

Case Q&A

What specific WCAG violations is this restaurant chain's mobile app accused of?

The mobile app is accused of failing to properly interact with Apple's VoiceOver assistive technology, not meeting WCAG 2.1 A level of accessibility, and specifically violating WCAG guideline 4.1.2 (Name, Role, Value) by having custom elements (food categories/items) that are not announced or selectable.

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?

This case demonstrates the legal risk for businesses operating mobile applications that are not fully accessible to disabled users, potentially leading to lawsuits under ADA Title III for discriminatory practices and denial of equal access to goods and services.

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