ADA Website Accessibility Lawsuit: National Chain of Restaurants
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
On August 16, 2022, NELSON FERNANDEZ filed a lawsuit in the United States District Court, Southern District of Florida, against an online restaurant and retail platform, alleging violations of the Americans with Disabilities Act. The plaintiff is represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
The complaint details numerous website accessibility barriers, including a mislabeled home page button/company logo, inaccessible product prices, and filter headers that do not integrate with screen reader software. Additionally, color options are mislabeled as 'button,' drop-down elements are mislabeled as 'check box unchecked,' and key shopping cart information such as item name, price, subtotal, and total is inaccessible. The lawsuit also claims that the platform's accessibility statement and widget/plugin are not effectively usable by visually disabled persons, failing to meet WCAG 2.0 Level AA standards or higher.
This action highlights the ongoing legal risks faced by businesses whose websites are not fully accessible to individuals with disabilities, particularly those relying on screen reader technology. Companies operating online platforms, especially those connected to physical public accommodations, must ensure their digital interfaces comply with ADA Title III to avoid similar litigation and ensure equal access for all users.
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Case Q&A
What specific WCAG violations is this national restaurant chain's online platform accused of?
The platform is accused of having a mislabeled home page button/company logo, inaccessible product prices, filter headers not integrated with screen readers, mislabeled color options and drop-down elements, and inaccessible shopping cart details like item name, price, subtotal, and total. Its accessibility statement and widget/plugin are also reportedly not effectively usable by visually disabled persons, falling short of WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ filed this lawsuit, represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create for similar businesses?
This case underscores that businesses operating online platforms, especially those with a nexus to physical public accommodations, face significant legal exposure under ADA Title III if their websites are not fully accessible to individuals with disabilities using assistive technologies like screen readers.