ADA Website Accessibility Lawsuit: Restaurant Group
Plaintiff's Firm: The Leal Law Firm, P.A.
Case Summary
Plaintiff ANDRES GOMEZ has filed a lawsuit in the United States District Court for the Southern District of Florida on November 19, 2020, alleging that a restaurant group's website violates Title III of the Americans with Disabilities Act due to digital accessibility barriers. The plaintiff, who is legally blind, claims that the e-commerce website is not fully accessible to him and other visually impaired consumers.
Specifically, the complaint alleges several critical web accessibility failures including the absence of text equivalents for non-text elements, inadequate conveyance of information about the website's meaning and structure beyond visual presentation, and an incorrect programmatic reading sequence affecting meaning. Furthermore, the defendant's website reportedly lacks descriptive page titles, explanations for images for screen reader users, and an accessibility statement outlining company policy to assist disabled users.
This action highlights the ongoing legal risks faced by businesses operating online platforms if their digital properties are not designed to be compatible with assistive technologies such as screen reader software. Companies in the food service industry and those with e-commerce websites are exposed to potential litigation under the ADA if they fail to implement necessary modifications to ensure their digital content is accessible to all users, particularly those with visual disabilities.
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Case Q&A
What specific WCAG violations is this restaurant group accused of?
The website is accused of lacking text equivalents for non-text elements, failing to convey information about its meaning and structure beyond visual presentation, and having an incorrect programmatic reading sequence. Additionally, it allegedly lacks descriptive page titles, explanations for images for screen reader users, and an accessibility statement.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by ANDRES GOMEZ, represented by The Leal Law Firm, P.
What legal risk does this create?
This lawsuit underscores the legal obligation for online businesses, including those in the food service industry, to ensure their websites are accessible to individuals with disabilities. Failure to comply with accessibility standards, such as WCAG 2.0 AA, can lead to lawsuits seeking permanent injunctions, declaratory judgments, and the recovery of attorney's fees and costs.