ADA Website Accessibility Lawsuit: a restaurant chain's mobile application
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff Windy Lucius filed a lawsuit against a restaurant chain's mobile application in the United States District Court, Southern District of Florida, on December 8, 2020. The complaint, filed by J. COURTNEY CUNNINGHAM, PLLC, alleges violations of Title III of the Americans with Disabilities Act due to the app's inaccessibility for visually impaired users.
The complaint specifically alleges that the mobile application does not properly interact with Apple's assistive technology, particularly VoiceOver screen reader software. A key issue cited is the failure to meet WCAG guideline 1.3.1 (Info and Relationships), where selecting different food types in the app causes the results to revert to the default, making it impossible for screen reader users to access specific food items other than the first category.
This case highlights the legal imperative for digital platforms, including mobile applications that serve as a nexus to physical public accommodations, to ensure full accessibility for individuals with disabilities. Businesses operating similar mobile applications face significant legal risks under ADA Title III if their digital services contain barriers that deny equal access and enjoyment to visually impaired consumers using screen reader software.
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Case Q&A
What specific WCAG violations is this restaurant chain's mobile application accused of?
The mobile application is accused of failing to properly interact with Apple's assistive technology (VoiceOver) and specifically violating WCAG guideline 1.3.1 (Info and Relationships), as selecting food types causes results to revert, preventing access to specific menu items.
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 creates a legal risk for businesses whose mobile applications serve as public accommodations if they are not fully accessible to visually impaired users, potentially leading to lawsuits under ADA Title III for discriminatory access.