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ADA Website Accessibility Lawsuit: a steakhouse restaurant

Case # · District Court, S.D. Florida · Filed June 27, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 Level AWCAG 2.1 AAGuideline 4.1.2 Name Role ValueScreen Reader IncompatibilityAccessibility Widget Issues

Case Summary

Windy Lucius has filed an ADA Title III website accessibility lawsuit against an owner/operator of steakhouse restaurants in the United States District Court for the Southern District of Florida, West Palm Beach Division, on June 27, 2022. Represented by J. Courtney Cunningham, PLLC, the plaintiff alleges that the defendant's mobile website is not fully accessible to visually impaired consumers using screen reader software.

The complaint specifically details violations of WCAG 2.1 Level A and AA Guidelines, including Guideline 4.1.2 Name, Role, Value. Allegations include that the mobile website's elements are not built for accessibility, rendering screen reader users unable to book reservations, access menus, or hear addresses. Furthermore, users can only interact with the logo, scroll bar, and main menu, failing to access other page content. An existing accessibility widget is reportedly not announced and is unnavigable for screen reader software users.

This lawsuit highlights the ongoing legal risks for businesses, especially those in the hospitality sector, whose digital platforms fail to meet accessibility standards. The plaintiff seeks injunctive relief to compel the defendant to remediate its mobile website to comply with ADA requirements, emphasizing the non-delegable duty of public accommodations to ensure equal access to goods and services, even when utilizing third-party vendors for reservations or food delivery.

Case Q&A

What specific WCAG violations is this steakhouse restaurant accused of?

The restaurant's mobile website is accused of violating WCAG 2.1 Level A and AA Guidelines, including Guideline 4.1.2 Name, Role, Value. Specific issues include elements not built for accessibility, preventing screen reader users from accessing reservations, menus, and addresses, and an unannounced, unnavigable accessibility widget.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case creates a legal risk for businesses, particularly restaurants and similar public accommodations, regarding the accessibility of their websites and digital platforms under ADA Title III. It underscores the importance of ensuring that all digital content and functionalities, including those managed by third-party vendors, are fully usable by individuals with disabilities.

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