ADA Website Accessibility Lawsuit: online sandwich shop app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
WINDY LUCIUS, represented by J. COURTNEY CUNNINGHAM, PLLC, filed an ADA Title III lawsuit on January 18, 2022, in the United States District Court, Southern District of Florida, Miami Division, against the operator of an online sandwich shop app.
The complaint specifically alleges numerous WCAG violations, including Guideline 1.1.1 (Non-Text Content) as the 'Place Order' button text is not announced; Guideline 1.3.1 (Info and Relationships) because focus fails on the Start Order section; Guideline 1.3.2 (Meaningful Sequence) due to tip buttons being announced simultaneously without individual selection; Guideline 2.4.3 (Focus Order) where focus moves to hidden elements; Guideline 2.4.6 (Headings and Labels) where section labels are unclear; Guideline 2.5.3 (Label in Name) as the 'back' button is unlabeled; Guideline 3.3.1 (Error Identification) because error messages are not announced; Guideline 3.3.2 (Labels or Instructions) as the 'Add' button is not labeled; Guideline 4.1.2 (Name, Roll, Value) for misrepresenting product options; and Guideline 4.1.3 (Status Messages) as selection changes are not announced.
This lawsuit highlights the ongoing legal risks for businesses operating digital platforms, such as food ordering applications, that fail to provide full and equal access to individuals with disabilities. Companies with similar online ordering apps should review their digital accessibility to avoid potential litigation under ADA Title III.
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Case Q&A
What specific WCAG violations is this online ordering application accused of?
The online ordering application is accused of violating WCAG Guideline 1.1.1 (Non-Text Content), 1.3.1 (Info and Relationships), 1.3.2 (Meaningful Sequence), 2.4.3 (Focus Order), 2.4.6 (Headings and Labels), 2.5.3 (Label in Name), 3.3.1 (Error Identification), 3.3.2 (Labels or Instructions), 4.1.2 (Name, Roll, Value), and 4.1.3 (Status Messages).
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 creates a legal risk for other businesses with online ordering applications, demonstrating the necessity of ensuring their digital platforms are accessible and compliant with ADA Title III and WCAG guidelines to prevent similar litigation.