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ADA Website Accessibility Lawsuit: an online liquor retailer

Case # · District Court, S.D. Florida · Filed June 25, 2021

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AAKeyboard Navigation FailureScreen Reader IncompatibilityMislabeled LinksInaccessible Online Forms

Case Summary

Plaintiff NELSON FERNANDEZ has filed a lawsuit against an online liquor retailer in the United States District Court for the Southern District of Florida on June 25, 2021. The complaint, brought by RODERICK V. HANNAH, ESQ., P.A., alleges violations of Title III of the Americans with Disabilities Act (ADA) and the Rehabilitation Act, stemming from the inaccessibility of the retailer’s website to visually impaired users.

The complaint details several specific WCAG violations on the e-commerce website, including a mislabeled "return to home page" link, inaccessible product descriptions, a submenu that is inaccessible when navigating with a keyboard, and an improperly labeled abbreviation "ml". Additionally, the website lacks prompting information for online forms, an accessibility notice or policy, and does not meet WCAG 2.0 Level AA standards or higher.

This legal action highlights the ongoing risk for businesses operating websites that are not fully accessible to individuals with disabilities. Similar online retailers that fail to implement appropriate auxiliary aids, such as screen reader software compatibility and clear accessibility policies, face potential litigation under federal accessibility laws and may be compelled to undergo extensive remediation efforts.

Case Q&A

What specific WCAG violations is this online liquor retailer accused of?

The online liquor retailer is accused of having a mislabeled "return to home page" link, inaccessible product descriptions, a submenu inaccessible when navigating with a keyboard, and an improperly labeled "ml" abbreviation. The complaint also states the website lacks prompting information for online forms and an accessibility notice or policy, and fails to meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

NELSON FERNANDEZ filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This case demonstrates the legal risk for businesses whose websites are not accessible to individuals with disabilities. Companies operating e-commerce platforms that fail to comply with accessibility standards, such as those related to screen reader compatibility and keyboard navigation, may face lawsuits under the ADA and the Rehabilitation Act, leading to demands for injunctive relief and extensive website modifications.

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