ADA Website Accessibility Lawsuit: Mobile Pizza Ordering App
Plaintiff's Firm: ACACIA BARROS, P.A.
Case Summary
Plaintiff Aishia Petersen, represented by Acacia Barros, P.A., has filed a lawsuit in the United States District Court, Southern District of Florida, on January 18, 2021, against a fast-casual restaurant chain operating a mobile application.
The complaint alleges that the mobile application fails to comply with the ADA Title III by presenting various accessibility barriers for visually impaired users. Specific violations cited include inaccessible "Menu Bar" tabs lacking id label descriptions, an "Order" tab that takes users to a location permission prompt without audio announcement, no announcement when a user de-selects a topping, images and banners lacking audio labels for screen readers, and checkout-preferences elements (pickup date and time) being unselectable by Voiceover users. Additionally, pop-up error messages are not automatically announced, and the app generally does not integrate sufficiently with screen-reading software.
This case highlights significant legal risks for businesses, particularly those in the food service industry, that offer mobile applications. Such businesses could face similar ADA Title III lawsuits if their digital platforms are not designed and maintained to be fully accessible to individuals with disabilities, potentially resulting in demands for injunctive relief, policy changes, and attorney's fees.
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Case Q&A
What specific WCAG violations is this mobile pizza ordering app accused of?
The mobile application is accused of having an inaccessible "Menu Bar" due to missing id label descriptions, an unannounced location permission prompt when clicking the "Order" tab, unannounced topping de-selection, images and banners lacking audio labels, and unselectable checkout preference elements for Voiceover users. Pop-up error messages are also not automatically announced.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Aishia Petersen, represented by the law firm ACACIA BARROS, P.
What legal risk does this create?
This case demonstrates the legal risk for businesses offering mobile applications that do not meet ADA Title III accessibility standards, particularly for visually impaired users. Non-compliant apps can lead to lawsuits seeking permanent injunctions, policy changes, and recovery of attorney's fees and costs.