ADA Website Accessibility Lawsuit: Shopping Mall Application
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a federal lawsuit in the United States District Court for the Southern District of Florida, Miami Division, on September 15, 2020. The plaintiff alleges that a foreign profit corporation doing business in Florida, operating a popular shopping mall, maintains a mobile application that is not fully accessible to visually impaired consumers.
The complaint details several WCAG 2.1 A and AA violations on the mobile application. These include unlabeled user interface elements, failure to announce form errors and provide instructions (WCAG 3.3.1, 3.3.2), issues with logical focus order and keyboard navigation on the directory page (WCAG 2.4.3, 2.4.6), and missing name, role, and value for interactive controls such as the search field (WCAG 4.1.2). The plaintiff, who is blind and uses VoiceOver screen reader software, found the application unusable.
This lawsuit underscores the significant legal risk for businesses, particularly those in the retail and hospitality sectors, that offer mobile applications without ensuring they are fully accessible to individuals with disabilities. Non-compliant apps can lead to ADA Title III litigation, potentially resulting in costly injunctive relief, attorney's fees, and a court-mandated obligation to modify policies to maintain ongoing accessibility.
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Case Q&A
What specific WCAG violations is this mobile application accused of?
The mobile application is accused of having unlabeled elements, failing to announce form errors, displaying improper focus order, having keyboard navigation issues, lacking proper labels and instructions for elements, and missing name, role, and value for interactive controls.
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 highlights the legal risk for businesses that operate mobile applications without ensuring full accessibility for users with disabilities, potentially leading to ADA Title III litigation, injunctive relief, and financial penalties.