ADA Website Accessibility Lawsuit: a restaurant's mobile website
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed an ADA Title III lawsuit against the owner and operator of an upscale organic/fresh American cuisine specialty restaurant's mobile website. The complaint was filed on April 4, 2022, in the United States District Court for the Southern District of Florida, Miami Division.
The lawsuit alleges numerous WCAG 2.1 Level A and AA guideline violations, preventing visually impaired users from accessing the restaurant's mobile website. Specific issues include Guideline 1.1.1 (Non-Text Content) with "number gibberish" announcements, Guideline 1.3.1 (Info and Relationships) and 1.3.2 (Meaningful Sequence) due to disoriented navigation in PDF menus, Guideline 2.4.3 (Focus Order) where popups are not announced, Guideline 2.4.6 (Headings and Labels) making wine pricing incomprehensible, Guideline 3.1.1 (Language of Page) with a French default and unannounced selector, and Guideline 4.1.2 (Name, Role, Value) causing inaccessible carousel elements.
This complaint underscores the critical importance for businesses, particularly those in the hospitality industry, to ensure their digital platforms, including mobile websites, are fully accessible to individuals with disabilities. Failure to comply with ADA Title III and WCAG standards can lead to legal action, forcing injunctive relief, policy changes, and financial penalties for non-compliant entities.
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Case Q&A
What specific WCAG violations is this restaurant mobile website accused of?
The mobile website is accused of violating WCAG 2.1 Level A and AA guidelines, including issues with non-text content, information and relationships in PDF menus, meaningful sequence of content, focus order, headings and labels causing pricing confusion, language of page declaration, and name, role, value for interactive elements.
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 lawsuit highlights the legal risk for businesses, especially restaurants, that operate mobile websites or digital platforms not fully accessible to disabled users under ADA Title III. Non-compliance can result in injunctive relief, orders for policy changes, and awards for attorney's fees and litigation expenses.