ADA Website Accessibility Lawsuit: an upscale restaurant and hospitality group

James Watson has filed a lawsuit in the United States District Court Southern District of Florida on June 22, 2022, against an upscale restaurant and hospitality group. The plaintiff, represented by J. Courtney Cunningham, PLLC, alleges that the defendant's mobile website is not fully accessible to and independently usable by visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act.

The complaint specifically alleges several WCAG violations, including a failure to provide text alternatives for non-text content (Guideline 1.1.1 Non-Text Content) with gift card images having identical labels despite being distinct. The mobile website also allegedly violates Guideline 1.3.2 Meaningful Sequence, as content is not presented in a logical order and focus does not move to the main menu when expanded. Further, Guideline 2.4.3 Focus order is violated, preventing screen reader users from accessing pop-up content like booking event forms. Guideline 2.5.3 Label in Name is violated due to improperly labeled carousel control buttons, and Guideline 4.1.2 Name, Role, Value is violated, making it impossible for screen reader users to make reservations due to unannounced pop-ups and inaccessible elements.

This action highlights the significant legal risks faced by businesses operating digital platforms, especially those that serve as extensions of physical public accommodations. Companies in the hospitality sector and other industries offering goods and services online must ensure their websites and mobile applications comply with ADA Title III and WCAG 2.1 Level A and AA Guidelines to avoid similar lawsuits, ensuring full and equal enjoyment of their digital offerings for all users, including those with visual impairments.