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ADA Website Accessibility Lawsuit: A Steakhouse Restaurant's Mobile Website

Case # · District Court, S.D. Florida · Filed September 13, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAMeaningful Sequence (1.3.2)Focus Order (2.4.3)Error Identification (3.3.1)NameRoleValue (4.1.2)

Case Summary

Plaintiff Windy Lucius has filed an ADA Title III lawsuit against the owner and operator of a steakhouse restaurant's mobile website in the United States District Court, Southern District of Florida, Miami Division, on September 13, 2022. The complaint, brought by J. Courtney Cunningham, PLLC, alleges that the mobile website is not fully accessible to visually impaired consumers.

The lawsuit specifically alleges multiple violations of WCAG 2.1 Level A and AA Guidelines. These include a violation of Guideline 1.3.2 (Meaningful Sequence) where an online ordering dialog does not receive focus or announcement; Guideline 2.4.3 (Focus order) preventing users from selecting dates in the reservation form; Guideline 3.3.1 (Error Identification) because form errors are not announced when displayed; and Guideline 4.1.2 (Name, Role, Value) as the online ordering button is inoperable with screen reader software active, requiring users to disable it to proceed.

This case highlights the ongoing legal risk for businesses operating online platforms that fail to provide full and equal access to individuals with disabilities. Digital services, including mobile websites, must be designed to effectively communicate with screen reader software and other auxiliary aids, ensuring compliance with ADA Title III to avoid potential litigation and uphold the rights of disabled users.

Case Q&A

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

The mobile website is accused of violating WCAG 2.1 Level A and AA Guidelines, including Guideline 1.3.2 (Meaningful Sequence), Guideline 2.4.3 (Focus order), Guideline 3.3.1 (Error Identification), and Guideline 4.1.2 (Name, Role, Value).

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Plaintiff Windy Lucius and is represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This lawsuit highlights the legal risk for businesses operating online platforms that are not fully accessible to individuals with disabilities, demonstrating the necessity of ADA Title III compliance to prevent litigation.

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