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ADA Website Accessibility Lawsuit: a Miami restaurant

Case # · District Court, S.D. Florida · Filed January 18, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAScreen Reader IncompatibilityKeyboard Navigation FailureForm Accessibility ErrorsInaccessible Link Purpose

Case Summary

Plaintiff WINDY LUCIUS has filed a lawsuit in the United States District Court, Southern District of Florida, against an upscale specialty restaurant and bar on January 18, 2022. The complaint alleges that the restaurant's website is not accessible to visually impaired individuals, violating Title III of the Americans with Disabilities Act, and seeks injunctive relief, attorney's fees, litigation expenses, and costs.

The lawsuit specifically details violations of WCAG 2.1 Guidelines including 1.3.1 (Info and Relationships) where fields are announced as “edit blank,” 1.4.1 (Use of Color) failing to announce visual confirmations, 2.1.1 (Keyboard) with navigation stopping at the seating time selector, 2.4.4 (Link Purpose in Context) due to unlabeled links and lack of visible focus, 2.5.3 (Label in Name) where the quantity field is announced incorrectly, 3.3.1 (Error Identification) as input errors are not clearly identified, 3.3.3 (Error Suggestion) for non-descriptive error suggestions, and 4.1.2 (Name, Role, Value) on the reservation page, rendering it inaccessible to screen reader software.

This case highlights the significant legal risks for businesses, particularly those in the hospitality industry, that operate online platforms which fail to comply with digital accessibility standards. Companies with websites integrated with their physical public accommodations, offering services like menus, reservations, or gift cards, must ensure their digital presence is fully accessible to all users to avoid similar litigation and potential injunctive relief, attorney's fees, and costs.

Case Q&A

What specific WCAG violations is this restaurant and bar accused of?

The lawsuit alleges violations of WCAG 2.1 Guidelines 1.3.1 (Info and Relationships), 1.4.1 (Use of Color), 2.1.1 (Keyboard), 2.4.4 (Link Purpose in Context), 2.5.3 (Label in Name), 3.3.1 (Error Identification), 3.3.3 (Error Suggestion), and 4.1.2 (Name, Role, Value), impacting screen reader usability and navigation.

Who filed this lawsuit, and which law firm?

Plaintiff WINDY LUCIUS filed this lawsuit, represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This creates a significant legal risk for businesses, especially those in the hospitality sector with online platforms, highlighting the necessity of ensuring their websites are fully accessible to individuals with disabilities under ADA Title III to avoid potential lawsuits for injunctive relief, attorney's fees, and costs.

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