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ADA Website Accessibility Lawsuit: A Fireworks Company

Case # · District Court, S.D. Florida · Filed March 28, 2021

Plaintiff's Firm: The Leal Law Firm, P.A.

WCAG 2.0 AAMissing Alt TextMeaningful Sequence FailureMissing Page TitlesVisual Presentation of Information

Case Summary

Andres Gomez, a legally blind individual, has filed an ADA Title III website accessibility lawsuit against an online fireworks retailer in the United States District Court for the Southern District of Florida on March 28, 2021.

The complaint alleges that the e-commerce website contains several digital barriers, including a lack of text equivalents for non-text elements, inaccessible information about content meaning and structure conveyed only visually, an incorrect reading sequence when content order affects meaning, missing web page titles, and unexplained images for screen reader users.

This action highlights the ongoing legal risks for online businesses that fail to ensure their websites are fully accessible to individuals with disabilities, especially under WCAG 2.0 AA guidelines. The plaintiff, represented by The Leal Law Firm, P.A., seeks a permanent injunction to mandate comprehensive accessibility improvements and policy changes, serving as a critical reminder for all digital public accommodations to adhere to ADA Title III requirements.

Case Q&A

What specific WCAG violations is this fireworks retailer accused of?

The lawsuit alleges violations including the absence of text equivalents for non-text elements, information conveyed solely through visual means, an incorrect reading sequence, missing web page titles, and images not explained to screen reader users.

Who filed this lawsuit, and which law firm?

Andres Gomez filed this lawsuit, and is represented by The Leal Law Firm, P.

What legal risk does this create?

This case signifies that businesses operating websites, particularly those with a physical nexus, face significant legal exposure under ADA Title III if their digital platforms are not accessible to individuals with disabilities, requiring potential injunctive relief, attorney's fees, and costs.

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