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ADA Website Accessibility Lawsuit: Restaurant Mobile Website

Case # · District Court, S.D. Florida · Filed August 30, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAGuideline 1.1.1 Non-Text ContentGuideline 1.3.1 Info and RelationshipsGuideline 1.4.5 Images of TextGuideline 4.1.2 Name Role Value

Case Summary

Plaintiff Windy Lucius filed a lawsuit against an operator of a restaurant chain in the United States District Court, Southern District of Florida, on August 30, 2022. The plaintiff, who is legally blind, alleges that the defendant's mobile website is not fully accessible and independently usable by visually impaired consumers using screen reader software.

The complaint specifically alleges several WCAG violations on the mobile website, including Guideline 1.1.1 (Non-Text Content) where menu items are only announced as "image," Guideline 1.3.1 (Info and Relationships) where content in the delivery menu is not announced, Guideline 1.4.5 (Images of Text) where a 14-page menu is inaccessible, and Guideline 4.1.2 (Name, Role, Value) due to unaccessible elements like a non-functional "click to book priority seating button" and an unlabeled booking logo.

This legal action highlights the ongoing risk for businesses, particularly those in the hospitality and food service industries, that operate websites or digital platforms which fail to provide full and equal access to visually impaired consumers, leading to potential ADA Title III litigation and demands for injunctive relief and attorney's fees.

Case Q&A

What specific WCAG violations is this restaurant chain's mobile website accused of?

The mobile website is accused of violating WCAG Guideline 1.1.1 (Non-Text Content), Guideline 1.3.1 (Info and Relationships), Guideline 1.4.5 (Images of Text), and Guideline 4.1.2 (Name, Role, Value) through issues like unannounced content in menus, inaccessible images of text, and non-functional booking buttons.

Who filed this lawsuit, and which law firm represents the plaintiff?

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

What legal risk does this create for similar businesses?

This case demonstrates the legal risk for other restaurant and hospitality businesses that maintain mobile websites failing to comply with ADA Title III and WCAG standards, potentially leading to lawsuits seeking injunctive relief, attorney's fees, and litigation costs for accessibility barriers.

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