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ADA Website Accessibility Lawsuit: Restaurant Chain

Case # · District Court, S.D. Florida · Filed August 9, 2022

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AAMissing LabelsScreen Reader IncompatibilityKeyboard Navigation FailureNo Accessibility Policy

Case Summary

Plaintiff VICTOR ARIZA, through counsel RODERICK V. HANNAH, ESQ., P.A., filed a federal complaint on August 9, 2022, in the United States District Court Southern District of Florida, alleging violations of Title III of the Americans with Disabilities Act (ADA) against a foreign limited liability company operating a chain of restaurants.

The complaint specifically details several digital accessibility barriers encountered by the visually disabled plaintiff using screen reader software. These include unlabeled addresses, hours of operation, and curbside pick-up information on the locations page; unlabeled text throughout the website, such as inaccessible calorie counts and promotional offerings; and a missing navigation button that would allow users to skip to main, header, or footer content. The plaintiff further asserts that the e-commerce website fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standards and lacks an explicit accessibility policy or contact information for disabled users.

This lawsuit underscores the critical importance for all businesses, especially those operating public-facing digital platforms, to ensure full ADA compliance for their websites. Failure to implement accessible design and provide auxiliary aids for visually disabled users can result in significant legal exposure, demanding injunctive relief, attorney's fees, and compensatory damages.

Case Q&A

What specific WCAG violations is this restaurant chain accused of?

The restaurant chain's website is accused of having unlabeled addresses, hours, and curbside pick-up information; inaccessible text throughout the site (e.g., calorie counts, promotional offerings); and a missing navigation button for skip links. It is also alleged to not meet WCAG 2.0 Level AA standards and to lack an accessibility policy.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by VICTOR ARIZA, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This creates a legal risk for other businesses with public-facing websites to be sued under ADA Title III if their digital platforms are not fully accessible to individuals with visual disabilities, leading to potential demands for injunctive relief and other damages.

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