ADA Website Accessibility Lawsuit: an online custom toy retailer
Plaintiff's Firm: ACACIA BARROS, P.A.
Case Summary
Plaintiff Raymond T. Mahlberg, represented by ACACIA BARROS, P.A., filed a federal lawsuit in the Southern District of Florida on November 13, 2020, against an online custom toy retailer. The complaint alleges that the retailer's website and mobile application are not fully and equally accessible to blind and visually impaired consumers, violating Title III of the Americans with Disabilities Act of 1990.
The complaint specifically alleges several Web Content Accessibility Guidelines (WCAG) violations. These include 'a' elements lacking text or an 'img' with an 'alt' attribute (WCAG 2.0 F89), duplicate IDs used on more than one element (WCAG 2.0 A411), clickable controls not being keyboard accessible (WCAG 2.0 A F15), blank label elements (WCAG 2.0 A 4.12), and HTML form controls lacking accessible names (WCAG 2.0 F68).
This case highlights significant legal risks for businesses operating e-commerce websites and mobile applications that fail to provide auxiliary aids and services for effective communication. The plaintiff seeks permanent injunctive relief to compel the online custom toy retailer to modify its digital platforms to become fully accessible, demonstrating the ongoing legal imperative for businesses to ensure their online presence complies with ADA Title III to avoid discrimination claims.
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Case Q&A
What specific WCAG violations is this online custom toy retailer accused of?
The online custom toy retailer is accused of several WCAG violations, including missing alt text on image elements (WCAG 2.0 F89), duplicate IDs (WCAG 2.0 A411), inaccessible keyboard navigation for clickable controls (WCAG 2.0 A F15), blank label elements (WCAG 2.0 A 4.12), and HTML form controls lacking accessible names (WCAG 2.0 F68).
Who filed this lawsuit, and which law firm?
Raymond T. Mahlberg, a visually-impaired individual, filed this lawsuit. He is represented by the law firm ACACIA BARROS, P.
What legal risk does this create?
This lawsuit demonstrates the legal risk faced by online retailers whose websites and mobile applications are not accessible to individuals with disabilities. It underscores the potential for injunctive relief, compelling businesses to incur costs to remediate digital accessibility barriers and ensure compliance with ADA Title III to avoid discrimination claims.