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ADA Website Accessibility Lawsuit: An Upscale Specialty Restaurant

Case # · District Court, S.D. Florida · Filed January 11, 2022

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AANon-Text Content (1.1.1)Keyboard Navigation Failure (2.1.1)PDF Accessibility (4.1.2)Screen Reader Incompatibility

Case Summary

WINDY LUCIUS has filed an ADA website accessibility lawsuit against an upscale specialty restaurant in the United States District Court, Southern District of Florida, Miami Division, on January 11, 2022, represented by J. COURTNEY CUNNINGHAM, PLLC.

The complaint alleges multiple WCAG violations, including Guideline 1.1.1 'Non-Text Content' due to missing text alternatives for images, Guideline 1.3.1 'Info and Relationships' because operating hours are not automatically announced, and Guideline 2.1.1 'Keyboard' for keyboard navigation failures on the reservation page. Further violations include Guideline 2.4.1 'Bypass blocks' for lacking skip navigation functionality, Guideline 2.4.4 'Link purpose' for hidden links, Guideline 3.3.2 'Labels or Instructions' for unclear menu and social media button labels, and Guideline 4.1.2 'Name, Roll, Value' as PDF menus are not sight-impaired accessible.

This legal action highlights the ongoing risk for businesses that operate online platforms failing to comply with ADA Title III requirements for digital accessibility. Similar entities must ensure their websites are fully accessible to individuals with disabilities to avoid potential litigation, injunctive relief, and associated legal costs.

Case Q&A

What specific WCAG violations is this upscale specialty restaurant accused of?

The restaurant's website is accused of violating WCAG Guideline 1.1.1 'Non-Text Content' for missing image alt text, Guideline 1.3.1 'Info and Relationships' for unannounced operating hours, Guideline 2.1.1 'Keyboard' for keyboard navigation failures, Guideline 2.4.1 'Bypass blocks' for no skip navigation, Guideline 2.4.4 'Link purpose' for hidden links, Guideline 3.3.2 'Labels or Instructions' for unclear labels, and Guideline 4.1.2 'Name, Roll, Value' due to inaccessible PDF menus.

Who filed this lawsuit, and which law firm?

WINDY LUCIUS filed this lawsuit, represented by J. COURTNEY CUNNINGHAM, PLLC.

What legal risk does this create?

This case underscores that businesses operating online platforms face legal challenges under ADA Title III if their websites are not accessible to individuals with disabilities, potentially leading to injunctive orders, attorney's fees, and litigation expenses.

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