ADA Website Accessibility Lawsuit: a restaurant group's mobile website

Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed an ADA Title III lawsuit in the United States District Court for the Southern District of Florida on March 7, 2022. The complaint targets a restaurant group operating an online mobile website, alleging it fails to provide full and equal access to visually impaired individuals.

The lawsuit specifically cites multiple WCAG 2.1 Level A and AA violations impacting screen reader users. Key allegations include a violation of Guideline 1.3.2 Meaningful Sequence, where content order prevents screen readers from accessing homepage elements like reservation and private event buttons. Guideline 2.4.3 Focus Order is also violated, as users cannot navigate logically to make reservations, with pop-ups remaining unannounced. Furthermore, Guideline 4.1.2 Name, Role, Value is compromised, as screen readers skip content on the menu page, preventing users from hearing crucial information unless the software is turned off.

This action highlights the significant legal exposure for businesses, particularly those in the hospitality sector, that fail to ensure their digital platforms are fully accessible to individuals with disabilities. The complaint underscores that mobile websites serving as extensions of physical public accommodations must comply with ADA Title III, reinforcing the imperative for ongoing monitoring and remediation of accessibility barriers to avoid potential litigation, injunctive relief, and attorney's fees.