ADA Website Accessibility Lawsuit: A restaurant's website
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit in the United States District Court Southern District of Florida on August 24, 2020, against an online food ordering platform. The plaintiff, who is visually and physically disabled, alleges that the defendant's website denies him full and equal enjoyment of services due to numerous accessibility barriers.
The complaint alleges that the website contains pervasive access barriers that prevent full use by visually disabled individuals using screen reader software. Specific violations include site information not properly labeled, unlabeled images, inconsistent site interfacing with screen readers, and content presented in a way that causes information loss. Additionally, the website is accused of lacking prompting information for online forms and generally failing to meet WCAG 2.0 Level AA standards, thereby denying equal access to its offerings.
This case highlights the significant legal risks faced by businesses operating online platforms that fail to ensure full accessibility for disabled users, particularly those requiring screen reader compatibility. Any business with a website offering services, information, or products linked to a physical place of public accommodation should proactively audit and remediate their digital presence to comply with ADA Title III requirements and prevent similar litigation.
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Case Q&A
What specific WCAG violations is this restaurant's website accused of?
The lawsuit alleges several WCAG violations, including improperly labeled site information and phone numbers, unlabeled images, inconsistent interfacing with screen reader software, and content presentation that results in information loss for visually disabled users. The website is also cited for lacking prompting information for online forms and generally failing to meet WCAG 2.0 Level AA guidelines.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Plaintiff NELSON FERNANDEZ. He is represented by Roderick V. Hannah, ES
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This case underscores the ongoing legal exposure for businesses whose websites serve as an extension of a public accommodation but fail to provide equal access for disabled individuals. Companies with online platforms are at risk of ADA Title III lawsuits if their digital content is not fully accessible, particularly to screen reader users, and does not meet established accessibility standards like WCAG 2.0 Level A