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ADA Website Accessibility Lawsuit: Taco Restaurant Mobile App

Case # · District Court, S.D. Florida · Filed January 19, 2021

Plaintiff's Firm: ACACIA BARROS, P.A.

WCAG 2.1 AScreen Reader IncompatibilityMissing Alt TextKeyboard Navigation FailureFocus Order Issues

Case Summary

Plaintiff AISHIA PETERSEN has filed an ADA Title III lawsuit against a food service provider operating a chain of taco restaurants, in the United States District Court for the Southern District of Florida, filed on January 19, 2021.

The complaint, filed by Acacia Barros, P.A., alleges multiple critical accessibility barriers on the mobile application. These include sign-up field forms lacking Voiceover-readable labels, images and logos missing screen-reader labels, and an inability to select "Pickup" or "Curbside" options. Further issues involve a single focus for "Fan Favorites" instead of individual items, non-functional order schedule date and time elements for Voiceover users, and banners and images without audio labels. Additionally, pop-up error messages are visually displayed but not announced by screen-readers, leading to a denial of full and equal access for visually impaired consumers.

This lawsuit underscores the significant legal risks faced by businesses operating mobile applications that fail to comply with ADA Title III and WCAG 2.1 A standards. Companies in the food and beverage industry, and any other sector utilizing mobile apps for customer interaction, must ensure their digital platforms are fully accessible to individuals with disabilities to avoid similar litigation and ensure equal access to goods and services.

Case Q&A

What specific WCAG violations is this food ordering app accused of?

The food ordering app is accused of having sign-up field forms without Voiceover-readable labels, images and logos lacking screen-reader labels, and disabled selection for "Pickup" or "Curbside" options. Other issues include a single focus for multiple items in "Fan Favorites," non-functional order schedule date and time elements for screen reader users, and banners and images without audio descriptions. Visually displayed pop-up error messages are also not announced by screen-readers.

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 creates a legal risk for any business that offers a mobile application for customer interaction, especially those in the food and beverage sector. Non-compliance with ADA Title III and WCAG 2.1 A guidelines can lead to lawsuits, requiring significant remediation efforts and potential legal fees to ensure digital accessibility for all users.

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