ADA Website Accessibility Lawsuit: restaurant app

Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a complaint against a restaurant operating a mobile application, alleging violations of Title III of the Americans with Disabilities Act (ADA). The case was filed in the United States District Court for the Southern District of Florida on July 20, 2020. The plaintiff, who is legally blind, claims she was denied full and equal access to the mobile application.

The complaint specifically alleges that the mobile application does not properly interact with Apple's assistive technology (VoiceOver) and contains digital barriers. It fails to meet WCAG 2.1 A level of accessibility. Specific violations include multiple missing or incorrect labels (e.g., Facebook icon announced as "FBI "clearlift?" one button", Touch ID button as "B 1 touch eye button"), and the hamburger menu announced as "icon close side drawer". These issues prevent blind and visually impaired consumers from fully accessing and independently using the app.

This lawsuit highlights the significant legal risk faced by businesses offering mobile applications that are not fully accessible to individuals with disabilities. Companies with similar digital platforms, particularly those operating in the restaurant industry, should ensure compliance with ADA Title III and WCAG guidelines to avoid potential litigation and ensure equal access for all users.