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ADA Website Accessibility Lawsuit: a waxing salon app

Case # · District Court, S.D. Florida · Filed July 22, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AAMeaningful Sequence (1.3.2)Focus Order (2.4.3)Name Role Value (4.1.2)Screen Reader Incompatibility

Case Summary

Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a federal lawsuit on July 22, 2020, in the United States District Court for the Southern District of Florida, Miami Division. The complaint alleges that a mobile application belonging to an app provider offering waxing services violates Title III of the Americans with Disabilities Act, preventing visually impaired consumers from full and equal enjoyment of the app's services.

The lawsuit specifically details multiple WCAG violations within the app, including issues with "Meaningful Sequence" (WCAG 1.3.2), where content is not presented in a logical order, causing navigation problems for screen reader users when selecting dates. Furthermore, "Focus Order" (WCAG 2.4.3) is cited as deficient, with focus failing to extend to side menu items, rendering them unannounced. The complaint also highlights "Name, Role, Value" (WCAG 4.1.2) errors, as many elements are not built for accessibility, severely limiting service selection for VoiceOver users.

This case underscores the legal imperative for businesses, particularly those operating consumer-facing mobile applications, to ensure their digital platforms are fully accessible to individuals with disabilities. Failure to comply with ADA Title III and established accessibility guidelines like WCAG 2.1 AA can lead to significant litigation, requiring costly modifications, and declaratory judgments affirming discriminatory practices, setting a precedent for similar companies in the digital services sector.

Case Q&A

What specific WCAG violations is this waxing salon app accused of?

This app is accused of WCAG 1.3.2 (Meaningful Sequence) violations due to illogical content order in calendar navigation, WCAG 2.4.3 (Focus Order) violations for failing to extend focus to side menu items, and WCAG 4.1.2 (Name, Role, Value) violations because elements are not built for accessibility, limiting service selection for screen reader users.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This creates a legal risk for other businesses operating consumer-facing mobile applications, highlighting that they must ensure their digital platforms are fully accessible under ADA Title III to avoid litigation, mandatory accessibility modifications, and declarations of discriminatory practices.

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