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ADA Website Accessibility Lawsuit: online food ordering service

Case # · District Court, S.D. Florida · Filed August 18, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

Unlabeled Form ElementsMeaningful Sequence FailureFocus Order IssuesStatus Messages Not AnnouncedScreen Reader Incompatibility

Case Summary

Windy Lucius has filed an ADA Title III lawsuit against an online food ordering service in the United States District Court, Southern District of Florida, on August 18, 2020. This complaint addresses digital accessibility barriers present on the defendant's mobile application.

The lawsuit specifically alleges multiple WCAG violations within the application, including issues with Guideline 1.3.1 (Info and Relationships) where unlabeled selectors and displayed values are not programmatically determined or announced, and Guideline 1.3.2 (Meaningful Sequence) with content presented in a non-meaningful order on the specials page. Furthermore, the complaint cites Guideline 2.4.3 (Focus Order) due to users becoming trapped after adding items and issues with the zip code/city/state selection process, along with Guideline 4.1.3 (Status Messages) for the failure of confirmation messages and cart updates to be communicated to screen reader users.

This case underscores the ongoing legal risk for businesses operating similar online food ordering applications or other digital platforms under ADA Title III. Companies must ensure their mobile applications are fully accessible and independently usable by visually impaired consumers, integrating properly with assistive technologies like VoiceOver to avoid claims of discrimination and ensure equal access to goods and services.

Case Q&A

What specific WCAG violations is this online food ordering service accused of?

The online food ordering service is accused of violating WCAG 2.1 A 1.3.1 (Info and Relationships) due to unlabeled selectors and uncommunicated displayed values, WCAG 2.1 A 1.3.2 (Meaningful Sequence) with non-meaningful content order, WCAG 2.1 A 2.4.3 (Focus Order) causing users to get trapped and issues with location input, and WCAG 2.1 AA 4.1.3 (Status Messages) for failing to announce crucial updates and confirmations to 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 lawsuit creates a significant legal risk for other businesses that operate online food ordering applications or similar digital platforms, highlighting the necessity of ensuring full accessibility for visually impaired users to comply with ADA Title III and avoid potential discrimination claims.

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