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ADA Website Accessibility Lawsuit: a fast-casual pizza chain's mobile app

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

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AANon-Text Content (1.1.1)Focus Order (2.4.3)Label in Name (2.5.3)Images of Text (1.4.5)

Case Summary

Windy Lucius, a legally blind individual, has filed an ADA Title III lawsuit against a fast-casual pizza chain operating a mobile application in the United States District Court, Southern District of Florida, on July 16, 2020. The complaint alleges that the mobile application is not fully accessible to and independently usable by visually impaired consumers.

The lawsuit specifically alleges multiple WCAG violations, including a failure to provide text alternatives for non-text content (cart icon not announced per WCAG 1.1.1), issues with focus order where links are announced as a single element (WCAG 2.4.3), and a lack of accessible names for components like the help icon (WCAG 2.5.3). Furthermore, the complaint claims that the mobile application fails to announce individual food items during the ordering process (WCAG 4.1.2) and utilizes images of text for menu items that are unlabeled and inaccessible to screen readers (WCAG 1.4.5).

This action highlights the ongoing legal risk for any business that operates a mobile application intended for public use without ensuring full accessibility for visually impaired individuals. Businesses providing goods and services through digital platforms, such as this app, must comply with ADA Title III to avoid discrimination claims and ensure equal access for all users, particularly those relying on assistive technologies like screen readers.

Case Q&A

What specific WCAG violations is this fast-casual pizza chain's mobile app accused of?

The mobile application is accused of violating WCAG 1.1.1 (Non-Text Content) for unannounced cart icons, WCAG 2.4.3 (Focus Order) for incorrectly grouped links, WCAG 2.5.3 (Label in Name) for unannounced help icons, WCAG 4.1.2 (Name, Role, Value) for unannounced food items, and WCAG 1.4.5 (Images of Text) for unlabeled menu items.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Windy Lucius, and she is represented by J. COURTNEY CUNNINGHAM, PLLC.

What legal risk does this create?

This creates a significant legal risk for businesses operating similar mobile applications, underscoring the necessity of ensuring digital accessibility under ADA Title III to prevent discrimination against visually impaired users and avoid potential litigation.

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