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ADA Website Accessibility Lawsuit: a restaurant's mobile application

Case # · District Court, S.D. Florida · Filed September 29, 2020

Plaintiff's Firm: The Leal Law Firm, P.A.

WCAG 2.1 AAMissing Alt TextScreen Reader IncompatibilityLogical Reading Order FailureMissing Page Titles

Case Summary

Andres Gomez has filed an ADA Title III lawsuit in the United States District Court for the Southern District of Florida on September 29, 2020, alleging that a restaurant's mobile application is inaccessible to blind and visually impaired users. The plaintiff, represented by The Leal Law Firm, P.A., asserts violations of the Americans with Disabilities Act due to digital barriers.

The complaint specifically details several WCAG violations encountered on the mobile application, including the lack of text equivalents for non-text elements, content meaning and structure not conveyed beyond visual presentation, incorrect programmatic reading sequences, missing descriptive page titles, images unexplained for screen reader users, and the absence of an accessibility statement. These issues reportedly deny blind users full and equal access to the application's features and services.

This case underscores the significant legal exposure for businesses operating mobile applications and digital platforms that do not comply with ADA Title III and WCAG 2.1 AA guidelines. Such non-compliance can lead to litigation, requiring injunctive relief to remediate accessibility barriers and potentially incurring attorney's fees and costs for non-compliant entities.

Case Q&A

What specific WCAG violations is this restaurant app accused of?

The mobile application is accused of lacking text equivalents for non-text elements, failing to convey content meaning and structure beyond visual presentation, having an incorrect reading sequence when meaning is affected, missing descriptive page titles, not explaining images for screen reader users, and not providing an accessibility statement.

Who filed this lawsuit, and which law firm?

Andres Gomez filed this lawsuit, represented by The Leal Law Firm, P.

What legal risk does this create?

This creates a legal risk for other businesses that operate similar digital platforms and mobile applications, highlighting the potential for lawsuits under the ADA Title III if their platforms are not accessible to individuals with disabilities, especially regarding WCAG 2.1 AA standards.

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