ADA Website Accessibility Lawsuit: a Mexican grill app
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Plaintiff Windy Lucius has filed a lawsuit in the United States District Court, Southern District of Florida, on September 30, 2020, alleging that a mobile restaurant app operator's application is not fully accessible to visually impaired consumers under Title III of the Americans with Disabilities Act (ADA).
The complaint specifically details several WCAG 2.1 violations, including issues with Meaningful Sequence (1.3.2) where items added to a cart lack proper notification for screen reader users, and focus incorrectly jumps. The app also fails to meet Bypass Blocks (2.4.1) by having non-functional 'Skip to Content' and 'Jump to Navigation' links. Further issues include Focus Order (2.4.3) problems with fields being announced and focused on multiple times, and Name, Role, Value (4.1.2) violations where a link, once clicked, causes users to get stuck on an image. Additionally, the app reportedly fails WCAG 2.1 AA guideline 2.4.6 for Headings and Labels, with missing or incorrect labels for various elements like social media icons and menu controls.
This lawsuit highlights the ongoing legal risk for businesses operating mobile applications that do not fully integrate with assistive technologies like screen readers, potentially violating Title III of the Americans with Disabilities Act. Similar digital platforms that serve as public accommodations must ensure their digital interfaces are independently usable by visually impaired consumers to avoid similar claims of discrimination and ensure equal access to goods and services.
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Case Q&A
What specific WCAG violations is this mobile restaurant app accused of?
The app is accused of WCAG 2.1 violations including Meaningful Sequence (1.3.2) for improper cart notifications, Bypass Blocks (2.4.1) due to non-functional skip links, Focus Order (2.4.3) with redundant announcements and focus, and Name, Role, Value (4.1.2) for trapping users on an image. It also fails WCAG 2.1 AA Headings and Labels (2.4.6) with missing or incorrect element labels.
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 significant legal risk for businesses operating mobile applications, emphasizing the need for full ADA Title III compliance to ensure accessibility for visually impaired users and avoid potential discrimination lawsuits.