ADA Website Accessibility Lawsuit: a Peruvian restaurant chain
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Windy Lucius has filed an ADA Title III lawsuit against a Peruvian restaurant chain in the United States District Court Southern District of Florida on February 17, 2022. Represented by J. Courtney Cunningham, PLLC, the plaintiff alleges that the mobile website operated by the defendant is inaccessible to visually impaired individuals, thus denying them full and equal enjoyment of its goods and services.
The complaint details several WCAG violations, including Guideline 1.1.1 (Non-text Content) due to menu images not being announced by screen readers, and Guideline 1.3.1 (Info and Relationships) which prevents users from making reservations through the date picker. Further issues include Guideline 1.4.5 (Images of Text) as the 'To-Go' menu, a PDF, is announced only as an image without text content, and Guideline 2.4.3 (Focus order) due to hidden and unlabeled elements on the Locations page. Additionally, Guideline 3.3.2 (Labels or Instructions) is cited for unlabeled and undescriptive elements within the reservation widget, such as chevrons, calendar, time, and people icons.
This lawsuit underscores the significant legal risks faced by restaurant businesses and other public accommodations whose digital platforms, such as mobile websites, fail to adhere to ADA Title III and WCAG 2.1 Level A and AA Guidelines. It highlights the necessity for proactive digital accessibility measures to ensure that all consumers, including those with visual impairments, can independently access and utilize online services without discrimination or deterrence.
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Case Q&A
What specific WCAG violations is this Peruvian restaurant chain accused of?
The lawsuit alleges violations including Guideline 1.1.1 (Non-text Content) for unannounced menu images, Guideline 1.3.1 (Info and Relationships) for inaccessible reservation functions, Guideline 1.4.5 (Images of Text) for unreadable PDF menus, Guideline 2.4.3 (Focus order) for hidden and unlabeled elements, and Guideline 3.3.2 (Labels or Instructions) for undescriptive reservation widget elements.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Windy Lucius, represented by the law firm J. Courtney Cunningham, PLLC.
What legal risk does this create?
This case signifies an ongoing legal risk for restaurants and other public accommodations that operate mobile websites lacking full accessibility for visually impaired users under ADA Title III and WCAG standards. Businesses must ensure their digital platforms provide equal access to avoid potential lawsuits and ensure compliance.