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ADA Website Accessibility Lawsuit: Upscale Seafood Restaurant Chain

Case # · District Court, S.D. Florida · Filed April 12, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 A (Info and Relationships)WCAG 2.1 A (Keyboard Accessibility)WCAG 2.1 AA (Focus Order)WCAG 2.1 A (Link Purpose)Screen Reader Incompatibility (VoiceOver)

Case Summary

Plaintiff James Watson initiated a lawsuit against an upscale seafood restaurant chain in the United States District Court for the Southern District of Florida, with the complaint filed on April 12, 2022. The plaintiff, who is legally blind, alleges that the mobile website for the restaurant chain is not fully accessible and independently usable by visually impaired consumers using screen reader software.

The complaint specifies several WCAG violations, including Guideline 1.3.1 Info and Relationships, citing unlabeled menu and booking/orders buttons that are announced only as "button" and do not open. Guideline 2.1.1 Keyboard is violated because A la carte/takeout and Lunch Prix Fixe buttons are inaccessible by Tab key. Guideline 2.4.3 Focus order is also breached as focus does not move to the calendar popup for event dates. Furthermore, Guideline 2.4.4 Link purpose (in context) is violated with a non-functional map link, and Guideline 4.1.2 Name, Role, Value is violated due to the inability to change reservation dates using VoiceOver.

This lawsuit underscores the critical legal risk faced by businesses, especially in the hospitality industry, that operate mobile websites or digital platforms which fail to meet ADA Title III requirements and WCAG 2.1 Level A and AA Guidelines. Such non-compliance can lead to demands for injunctive relief, significant attorney's fees, and litigation expenses, emphasizing the necessity for robust digital accessibility to ensure equal access for all users.

Case Q&A

What specific WCAG violations is this upscale restaurant chain accused of?

The restaurant chain is accused of violating WCAG 1.3.1 (unlabeled buttons), 2.1.1 (keyboard inaccessibility for menu options), 2.4.3 (improper focus order in forms), 2.4.4 (non-functional map link), and 4.1.2 (inability to change reservation dates with screen readers).

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Plaintiff James Watson, represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This creates a legal risk for businesses with similar mobile websites, potentially leading to lawsuits demanding injunctive relief, attorney's fees, and costs for failing to provide accessible digital services to disabled individuals under ADA Title III.

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