ADA Website Accessibility Lawsuit: Online Shoe Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.Α.
Case Summary
Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.Α., filed a lawsuit in the United States District Court, Southern District of Florida, on October 14, 2021, against an online shoe retailer. The complaint alleges that the e-commerce website, which serves as an extension and gateway to the defendant's physical stores, is inaccessible to visually disabled individuals, preventing equal access to goods and services.
The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) violations, including mislabeled return to homepage buttons, an unlabeled header banner, and slideshow images on the homepage lacking descriptions. Further accessibility barriers include an inaccessible wish list widget when navigating with a keyboard, an 'Add to wish list' button mislabeled as 'table button,' product images mislabeled as 'link,' and inaccessible product name, price, and sizing options. These issues collectively prevent visually impaired users, who rely on screen reader software, from fully accessing and utilizing the website's features and services, thereby failing to meet WCAG 2.0 Level AA standards.
This case underscores the critical legal risk faced by online businesses, particularly those operating in retail with integrated online and physical store operations. Failure to provide a fully accessible digital platform under ADA Title III and the Rehabilitation Act can lead to claims for declaratory and injunctive relief, as well as attorney's fees and costs. Businesses must prioritize web accessibility policies, conduct regular audits, and implement necessary auxiliary aids to ensure equal access for all customers, preventing discrimination and potential litigation.
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Case Q&A
What specific WCAG violations is this online shoe retailer accused of?
The online shoe retailer is accused of having a mislabeled return to homepage button, an unlabeled header banner, and slideshow images without descriptions. Other violations include an inaccessible wish list widget, mislabeled "Add to wish list" buttons, product images mislabeled as "link," and inaccessible product name, price, and sizing options, all contributing to non-compliance with WCAG 2.0 Level A
Who filed this lawsuit, and which law firm?
This lawsuit was filed by NELSON FERNANDEZ. He is represented by the law firms RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.Α.
What legal risk does this create?
This lawsuit highlights that businesses with inaccessible websites, especially those linked to physical public accommodations, face significant legal risks under ADA Title III and the Rehabilitation Act. Such risks include demands for injunctive relief to remediate accessibility barriers, declarations of non-compliance, and liability for the plaintiff's attorney's fees and costs.