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ADA Website Accessibility Lawsuit: a food service provider's mobile ordering app

Case # · District Court, S.D. Florida · Filed October 19, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 A/AA Compliance FailuresScreen Reader Navigation & Focus Order IssuesMissing Form Field AnnouncementsUnlabeled/Unpronounceable ElementsUnannounced Status Changes

Case Summary

Plaintiff Windy Lucius filed a lawsuit against a food service provider operating a mobile ordering app in the United States District Court for the Southern District of Florida on October 19, 2020. She is represented by J. Courtney Cunningham, PLLC. The complaint alleges violations of Title III of the Americans with Disabilities Act due to the app's inaccessibility for blind and visually impaired users.

The complaint specifically outlines several WCAG 2.1 A and AA violations. These include required form fields not being announced (1.3.1), illogical focus order after zip code entry (1.3.2), an unannounced 'Scan' button on the checkout page (2.4.3), unannounced error suggestions in forms (3.3.1), and inability to select a location due to an unannounced 'Done' button (4.1.2). Further issues include improper keyboard types for input fields (1.3.5), an 'unpronounceable' search icon (2.4.6), and unannounced status messages for cart updates (4.1.3).

This case highlights significant legal risks for businesses offering mobile applications that serve as a nexus to public accommodations. Failure to integrate properly with assistive technologies like VoiceOver, resulting in digital barriers, can lead to lawsuits asserting ADA Title III violations, demanding injunctive relief, and potentially requiring payment of costs and attorneys' fees to ensure full and equal enjoyment of goods and services for disabled individuals.

Case Q&A

What specific WCAG violations is this food service provider's mobile app accused of?

The mobile app is accused of WCAG 1.3.1 (Info and Relationships) for unannounced required fields, 1.3.2 (Meaningful Sequence) for illogical focus order, 2.4.3 (Focus Order) for an unannounced 'Scan' button, 3.3.1 (Error Identification) for unannounced error suggestions, and 4.1.2 (Name, Role, Value) for an unselectable location picker. Additionally, WCAG 1.3.5 (Identify Input Purpose) for incorrect keyboard type, 2.4.6 (Headings and Labels) for an unpronounceable search icon, and 4.1.3 (Status Messages) for unannounced cart updates are cited.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case underscores the legal risk for any business that provides a mobile application linked to public accommodations. If such an app fails to be fully accessible to individuals with disabilities, especially those using screen readers, it can result in ADA Title III lawsuits seeking injunctive relief, legal costs, and attorney's fees.

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