ADA Website Accessibility Lawsuit: Caribbean Food Mobile App
Plaintiff's Firm: ACACIA BARROS, P.A.
Case Summary
Plaintiff Aishia Petersen, represented by ACACIA BARROS, P.A., filed a lawsuit against an online Caribbean food retailer's mobile application in the United States District Court, Southern District of Florida, on December 14, 2020. The complaint alleges violations of Title III of the Americans with Disabilities Act, seeking permanent injunctive relief to ensure accessibility for visually impaired users by demanding the digital platform comply with WCAG 2.1 A standards.
The plaintiff, who is legally blind and uses a screen reader, encountered significant accessibility barriers on the defendant's mobile app. Specific alleged WCAG violations include unavailable product image descriptions, inability for blind users to create an account or sign in due to unlabeled text fields and secure text fields, defective scrolling, and pop-up banners where buttons for pickup/delivery methods are unselectable by screen readers. Additionally, labels for some elements, such as the bottom menu, are announced generically as "button," and required checkout fields are all announced as "text field," rendering the application inaccessible for complete checkout, alongside issues with small touch targets and poor contrast.
This case highlights the legal imperative for all businesses operating digital platforms, especially mobile applications linked to physical public accommodations, to ensure full accessibility under the ADA Title III. Companies failing to integrate screen-reader compatibility and other auxiliary aids risk similar litigation, potential permanent injunctions, and financial liabilities for attorneys' fees and costs, emphasizing the need for proactive WCAG 2.1 AA compliance for their digital assets.
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Case Q&A
What specific WCAG violations is this Caribbean food mobile app accused of?
The mobile app is accused of lacking product image descriptions, inaccessible account creation/sign-in due to unlabeled text fields and secure text fields, defective scrolling, unselectable pop-up banner buttons for order methods, generic "button" labels for menu elements, and uniform "text field" announcements for all required checkout fields, leading to an incomplete checkout process. Additionally, issues with small touch targets and poor contrast were noted.
Who filed this lawsuit, and which law firm?
Aishia Petersen, a legally blind individual, filed this lawsuit. She is represented by ACACIA BARROS, P.
What legal risk does this create?
This case signifies a legal risk for businesses with mobile applications connected to physical public accommodations, emphasizing that such apps must be fully accessible to individuals with disabilities. Failure to comply with ADA Title III and WCAG standards can result in lawsuits seeking injunctive relief, substantial attorneys' fees, and court costs.