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ADA Website Accessibility Lawsuit: Restaurant and Pub Chain

Case # · District Court, S.D. Florida · Filed September 26, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 A/AANon-Text ContentImages of TextScreen Reader IncompatibilityNameRoleValue Violations

Case Summary

Plaintiff James Watson filed a lawsuit against a restaurant and pub chain in the United States District Court, Southern District of Florida, on September 26, 2022. The complaint alleges that the defendant's mobile website discriminates against visually impaired users, violating Title III of the Americans with Disabilities Act. Mr. Watson is represented by J. Courtney Cunningham, PLLC.

The lawsuit specifically details several WCAG 2.1 Level A and AA violations, including Guideline 1.1.1 (Non-Text Content) for image-only menus without text alternatives, Guideline 1.3.1 (Info and Relationships) for unnavigable image menus, Guideline 1.3.3 (Sensory Characteristics) for unannounced banner images, Guideline 1.4.5 (Images of Text) for inaccessible image-based lunch/dinner menus, and Guideline 4.1.2 (Name, Role, Value) for inaccessible drink menus that are also image-based and lack announced content. These issues prevent screen reader software like VoiceOver from effectively conveying information.

This case highlights the significant legal exposure for businesses whose digital platforms, such as mobile websites, fail to provide full and equal access to individuals with disabilities. Companies operating similar restaurant and entertainment venues must ensure their online content is compatible with screen readers and provides accessible alternatives to image-based information to avoid potential ADA Title III litigation and ensure compliance with federal accessibility standards.

Case Q&A

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

The mobile website is accused of violating WCAG Guidelines 1.1.1 (Non-Text Content), 1.3.1 (Info and Relationships), 1.3.3 (Sensory Characteristics), 1.4.5 (Images of Text), and 4.1.2 (Name, Role, Value).

Who filed this lawsuit, and which law firm?

James Watson filed this lawsuit, represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case demonstrates the legal risk for businesses, particularly those in the hospitality industry, that fail to ensure their mobile websites are fully accessible to individuals with disabilities, potentially leading to ADA Title III litigation.

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