ADA Website Accessibility Lawsuit: a national fast-food chain
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff Victor Ariza has filed an ADA Title III website accessibility lawsuit against an online fast-food retailer and its associated intellectual property holder in the United States District Court, Southern District of Florida, on August 17, 2022. He is represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A.
The lawsuit alleges several WCAG violations, including a mislabeled return to home page button, inaccessible menu options (e.g., coffee, iced coffee, cold brew) via keyboard navigation, and mislabeled product sizes (e.g., “cap S”, “cap M”, “cap L”) without additional description. The complaint also states the e-commerce website lacks an accessibility notice, policy, or contact information for disabled users and does not meet WCAG 2.0 Level AA or higher standards.
This legal action highlights the ongoing challenges faced by digital platforms, especially those linked to physical public accommodations, in ensuring full accessibility for visually disabled users. Businesses operating in similar industries with online presences must proactively audit and remediate their websites to comply with ADA Title III and WCAG standards, or risk similar litigation, potential financial penalties, and damage to their brand reputation.
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Case Q&A
What specific WCAG violations is this online fast-food retailer accused of?
The online fast-food retailer is accused of having a mislabeled return to home page button, inaccessible menu options via keyboard navigation, and mislabeled product sizes without further description. The website also reportedly lacks an accessibility notice, policy, or contact information for disabled users and does not meet WCAG 2.0 Level AA or higher standards.
Who filed this lawsuit, and which law firm?
Victor Ariza filed this lawsuit, represented by Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This lawsuit indicates that businesses, particularly those with online platforms linked to physical locations, face significant legal risks if their websites are not fully accessible to disabled users. Non-compliance with ADA Title III and WCAG standards can lead to costly litigation, injunctive relief requirements, and demands for attorney's fees and costs.