ADA Website Accessibility Lawsuit: a convenience store chain
Plaintiff's Firm: ACACIA BARROS, P.A.
Case Summary
Raymond T. Mahlberg has filed a lawsuit in the United States District Court Southern District of Florida, Fort Lauderdale Division on August 28, 2020, alleging that a convenience store chain's website and mobile application violate Title III of the Americans with Disabilities Act. The plaintiff, who is legally blind and uses screen-reading software, claims the digital platform is not fully or equally accessible, denying him full use and enjoyment of the defendant's services.
The complaint specifically details several Web Content Accessibility Guidelines (WCAG) violations, including image file names being used as alt text (WCAG 2.0 F30), button elements with images lacking alt attributes (WCAG 2.0 F65), clickable controls not being keyboard accessible (WCAG 2.0 A F15), links using generic text like 'Click Here' without proper context (WCAG 2.0 F63), and anchor elements missing text or alt attributes (WCAG 2.0 A F89). These digital barriers prevent screen readers from functioning correctly and impede keyboard navigation.
This case underscores the legal responsibility for businesses operating online platforms to ensure digital accessibility for individuals with visual impairments. Businesses operating similar online platforms face significant legal exposure under ADA Title III if their digital content is not fully accessible to individuals with disabilities, requiring injunctive relief and potential attorneys' fees and costs.
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Case Q&A
What specific WCAG violations is this convenience store chain accused of?
The convenience store chain is accused of WCAG violations including images using file names as alt text (F30), button elements with images lacking alt attributes (F65), clickable controls not being keyboard accessible (A F15), ambiguous link text (F63), and anchor elements missing text or alt attributes (A F89).
Who filed this lawsuit, and which law firm?
Raymond T. Mahlberg filed this lawsuit, represented by the law firm ACACIA BARROS, P.
What legal risk does this create?
The lawsuit highlights the legal imperative for all public accommodations with an online presence to ensure their websites and mobile applications are fully accessible, or risk facing similar ADA Title III claims for injunctive relief, attorneys' fees, and other litigation costs.