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ADA Website Accessibility Lawsuit: an Italian restaurant's mobile website

Case # · District Court, S.D. Florida · Filed May 10, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AA ComplianceScreen Reader Incompatibility (VoiceOver)Missing Labels/Instructions (WCAG 3.3.2)Keyboard Navigation/Focus Order Issues (WCAG 2.4.3)Information & Structure Accessibility (WCAG 1.3.1)

Case Summary

Plaintiff James Watson, represented by J. Courtney Cunningham, PLLC, filed a lawsuit in the United States District Court, Southern District of Florida, on May 10, 2022. The complaint alleges that an Italian restaurant's mobile website failed to comply with Title III of the Americans with Disabilities Act, denying visually impaired individuals full and equal access.

The lawsuit specifically cites violations of WCAG 2.1 Level A and AA Guidelines. These include issues with information and structure (Guideline 1.3.1), meaningful sequence (Guideline 1.3.2), focus order (Guideline 2.4.3), labels or instructions (Guideline 3.3.2), and name, role, value (Guideline 4.1.2). These alleged failures prevent the mobile website from properly interacting with VoiceOver screen reader software, hindering access to menu selections, reservation services, and other crucial information.

This case underscores the significant legal risk for businesses operating public accommodations that maintain mobile websites not fully accessible to disabled users. Non-compliance with ADA Title III, whether through direct design flaws or inaccessible third-party vendor platforms, can lead to costly litigation seeking injunctive relief, attorney's fees, and other expenses, as an accessible online presence is considered an integral part of public accommodation.

Case Q&A

What specific WCAG violations is this restaurant's mobile website accused of?

The restaurant's mobile website is accused of violating WCAG 2.1 Level A and AA Guidelines, including issues with information and structure (1.3.1), meaningful sequence (1.3.2), focus order (2.4.3), labels or instructions (3.3.2), and name, role, value (4.1.2).

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This case demonstrates the legal risk for businesses with mobile websites that do not meet accessibility standards under ADA Title III, potentially leading to lawsuits seeking injunctive relief, attorney's fees, and costs for denying disabled individuals full and equal access to their services.

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