ADA Website Accessibility Lawsuit: A Restaurant Chain
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed a lawsuit in the United States District Court for the Southern District of Florida on October 6, 2020, against an online restaurant chain operating a website.
The complaint alleges that the e-commerce website contains various access barriers preventing full and equal use by visually disabled individuals, including missing descriptions for carousel image content, unlabelled site elements like phone numbers that do not integrate with screen readers, a mislabeled homepage link, and an improperly labeled shopping cart function. Furthermore, the website is accused of lacking prompting information for online forms and an effectively accessible "accessibility" notice, leading to a denial of services for screen reader users. The plaintiff explicitly states the website does not meet WCAG 2.0 Level AA guidelines or higher.
This action highlights the ongoing legal risks for businesses, particularly those in the food service industry with an online presence, that fail to ensure their digital platforms comply with ADA Title III requirements. Companies must address website accessibility issues to avoid potential litigation, substantial legal fees, and the costs associated with court-mandated remediation efforts, ensuring all customers, including those with disabilities, have equal access.
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Case Q&A
What specific WCAG violations is this restaurant chain accused of?
The restaurant's website is accused of having missing descriptions for carousel image content, unlabelled site elements like phone numbers that do not integrate with screen readers, a mislabeled homepage link, and an improperly labeled shopping cart function. It also lacks prompting information for online forms and an accessible "accessibility" notice.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ filed this lawsuit, represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This creates a legal risk for other restaurant chains and businesses with online presences, underscoring the necessity of ADA Title III compliance for websites to ensure accessibility for individuals with disabilities, thereby avoiding potential lawsuits and associated remediation costs.