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ADA Website Accessibility Lawsuit: Restaurant Group

Case # · District Court, S.D. Florida · Filed February 28, 2022

Plaintiff's Firm: J. Courtney Cunningham, Esq.

Screen Reader Incompatibility (VoiceOver)Lack of Alternative Means for Visually ImpairedWCAG 2.1 AAInformation Perceivable FailureADA Title III Website

Case Summary

Plaintiff James Watson filed a lawsuit against a restaurant group in the United States District Court for the Southern District of Florida on February 28, 2022, represented by J. Courtney Cunningham. The complaint seeks injunctive relief, attorneys' fees, costs, and litigation expenses under Title III of the Americans with Disabilities Act of 1990.

The complaint alleges that the restaurant group's mobile website failed to properly interact with screen reader software, specifically Apple Screen Reader VoiceOver, denying visually impaired individuals full and equal access to information on both restaurant locations, hours, and menus. This included numerous portions of the website that did not provide other means to accommodate blind and visually impaired individuals, resulting in a denial of full and equal access.

This case highlights the legal imperative for all businesses operating places of public accommodation, including those with associated digital platforms, to ensure their online presence is fully accessible to individuals with disabilities, or face similar ADA Title III claims for injunctive relief, attorneys' fees, and costs.

Case Q&A

What specific WCAG violations is this restaurant group accused of?

The restaurant group's mobile website is accused of failing to properly interact with screen reader software, specifically Apple Screen Reader VoiceOver, and not providing other means to accommodate blind and visually impaired individuals, thus denying full and equal access to website content.

Who filed this lawsuit, and which law firm?

James Watson filed this lawsuit, represented by attorney J. Courtney Cunningham.

What legal risk does this create?

This case demonstrates the significant legal risk for businesses whose websites or digital platforms associated with a place of public accommodation are not fully accessible to individuals with disabilities, potentially leading to ADA Title III lawsuits seeking injunctive relief, attorneys' fees, and litigation expenses.

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