ADA Website Accessibility Lawsuit: a restaurant's mobile application
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius has filed an ADA Title III lawsuit against a restaurant operating a mobile application in the United States District Court for the Southern District of Florida on September 30, 2020. She is represented by J. COURTNEY CUNNINGHAM, PLLC, alleging the app is not fully accessible to visually impaired consumers using screen reader software.
The complaint details several WCAG 2.1 A and AA violations. Specific issues include a failure in Focus Order (2.4.3), where menu items open new windows but the screen reader focus remains behind them. Furthermore, the app lacks proper Labels or Instructions (3.3.2) for elements like search, wish list, and back buttons, and exhibits Name, Role, Value (4.1.2) issues where product overlays obstruct screen reader access, forcing users to add unselected items to their cart. Additionally, unlabeled icons on the ordering screen and unannounced Status Messages (4.1.3) prevent independent use.
This legal action underscores the critical necessity for businesses to ensure their digital platforms, including mobile applications, adhere to established accessibility standards such as WCAG. Failure to do so exposes them to significant legal liability under ADA Title III, risking lawsuits that seek injunctive relief to mandate compliance and ensure equal access for all users.
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Case Q&A
What specific WCAG violations is this restaurant app accused of?
The restaurant app is accused of WCAG 2.1 A and AA violations, including issues with Focus Order (2.4.3), Labels or Instructions (3.3.2), Name, Role, Value (4.1.2), unlabeled icons, and Status Messages (4.1.3).
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 creates a legal risk for businesses whose mobile applications do not comply with ADA Title III and WCAG guidelines, potentially leading to lawsuits demanding injunctive relief and highlighting the necessity for accessible digital services for disabled users.