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ADA Mobile App Accessibility Lawsuit: Hotel Management Company

Case # · District Court, S.D. Florida · Filed March 4, 2021

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

WCAG 2.1 AScreen Reader IncompatibilityMissing Alternative TextForm Field AccessibilityFocus Management

Case Summary

Plaintiff Aishia Petersen, represented by ACACIA BARROS, P.A., filed a federal lawsuit in the United States District Court for the Southern District of Florida on March 4, 2021, against a hotel management company. The complaint alleges that the defendant's mobile application is not fully accessible to visually impaired individuals, violating Title III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The lawsuit specifically details numerous accessibility barriers on the mobile app, including a calendar feature that does not work with screen readers like Voiceover and Talkback, banners and images lacking audio labels, incorrectly labeled or unlabeled hotel images, and an improperly labeled 'Search' button. Additionally, the complaint states that screen reader users cannot select guest ratings in filters, dropdown menus are inaccessible, and login icons for Apple, Facebook, and Google lack proper labels. Pop-up error messages are also cited as not being announced or given focus automatically by screen readers, leading to a failure to meet WCAG 2.1 A accessibility standards.

This action highlights the significant legal risks faced by companies offering digital platforms that are not fully accessible. Businesses with mobile applications and websites that serve as extensions of their physical public accommodations may face similar lawsuits, potentially resulting in court-ordered injunctive relief, compensatory damages, attorneys' fees, and court costs, to ensure compliance with federal accessibility laws.

Case Q&A

What specific WCAG violations is this hotel management company accused of?

The mobile app is accused of having a calendar that does not work with screen readers, banners and images lacking audio labels, incorrectly labeled hotel images, an improperly labeled 'Search' button, inaccessible guest rating filters and dropdown menus, unlabeled login icons, and pop-up error messages that are not announced by screen readers. It fails to meet WCAG 2.1 A standards.

Who filed this lawsuit, and which law firm?

Aishia Petersen filed this lawsuit, represented by ACACIA BARROS, P.

What legal risk does this create?

This creates a legal risk for similar businesses to face lawsuits, potentially leading to court-ordered injunctive relief, compensatory damages, and liability for attorneys' fees and costs, for failing to provide accessible digital platforms under ADA Title III and Section 504.

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