ADA Website Accessibility Lawsuit: A Mobile Pretzel Retailer
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Windy Lucius, a legally blind individual, has filed an ADA Title III lawsuit against a mobile pretzel retailer in the United States District Court for the Southern District of Florida, Miami Division, on September 14, 2020. The plaintiff alleges that the defendant's mobile application, available through the Apple app store, contains digital barriers that prevent visually impaired consumers from accessing its content using assistive technology like VoiceOver.
The complaint details several specific accessibility barriers, including unannounced rewards tutorial content, unlabeled terms of use links, and unlabeled rewards information buttons. The app is also cited for violating WCAG 1.3.1 (Info and Relationships) due to buttons announcing twice and requiring specific swipe patterns for activation. Further issues include non-compliance with WCAG 2.4.3 (Focus Order), where tutorial content is skipped, WCAG 2.4.4 (Link Purpose (In Context)) for unlabeled links, WCAG 2.5.3 (Label in Name) for image buttons lacking descriptive labels, and WCAG 4.1.2 (Name, Role, Value) where a rewards-meter element is inaccessible to VoiceOver users.
This legal action highlights the ongoing risks for businesses that operate customer-facing mobile applications that are not fully accessible to individuals with disabilities. Companies offering digital services, especially those linked to physical public accommodations, must ensure their platforms integrate properly with screen reader software and comply with established accessibility guidelines, such as WCAG 2.1 A, to avoid potential litigation under the Americans with Disabilities Act.
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Case Q&A
What specific WCAG violations is this food ordering app accused of?
The app is accused of having unannounced tutorial content, unlabeled terms of use links and rewards buttons, issues with buttons announcing twice (WCAG 1.3.1), poor focus order (WCAG 2.4.3) skipping content, unlabeled links (WCAG 2.4.4), image buttons lacking descriptive labels (WCAG 2.5.3), and inaccessible rewards-meter elements (WCAG 4.1.2).
Who filed this lawsuit, and which law firm?
Windy Lucius filed this lawsuit, represented by J. Courtney Cunningham, PLLC.
What legal risk does this create?
This lawsuit demonstrates the legal risk for businesses whose mobile applications fail to provide full and equal access to disabled users, especially when those apps are tied to physical public accommodations. Non-compliance with ADA Title III and WCAG standards can lead to costly litigation and injunctions.