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ADA Website Accessibility Lawsuit: a restaurant group

Case # · District Court, S.D. Florida · Filed October 6, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AANon-Text ContentInfo and RelationshipsFocus OrderLink Purpose (In Context)

Case Summary

Windy Lucius has filed an ADA Title III lawsuit against a restaurant group operating pizza bar and tapas establishments, in the United States District Court Southern District of Florida, Miami Division on October 6, 2022. The plaintiff, represented by J. Courtney Cunningham, PLLC, alleges that the mobile website for the restaurant chain is not fully accessible to and independently usable by visually impaired consumers, thereby violating the Americans with Disabilities Act.

The complaint specifically outlines several WCAG violations, including Guideline 1.1.1 (Non-Text Content), where promotional images are not announced, and Guideline 1.3.1 (Info and Relationships), where buttons are not properly labeled. Further issues include Guideline 1.3.3 (Sensory Characteristics) because combo boxes are improperly announced, Guideline 2.4.3 (Focus order) with illogical navigation, Guideline 2.4.4 (Link purpose) due to unannounced links, and Guideline 3.3.2 (Labels or Instructions) where elements like menu links lack proper labels or instructions.

This lawsuit highlights significant legal risks for businesses, especially those in the food and drink service industry, that fail to ensure their digital platforms, including mobile websites and third-party vendor integrations, comply with ADA Title III and WCAG 2.1 Level A and AA Guidelines. Such non-compliance can lead to litigation, costly remediation, and exclusion of disabled individuals from essential services and information.

Case Q&A

What specific WCAG violations is this restaurant group 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 1.3.3 (Sensory Characteristics), Guideline 2.4.3 (Focus order), Guideline 2.4.4 (Link purpose), and Guideline 3.3.2 (Labels or Instructions).

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Windy Lucius, represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case creates a legal risk for businesses, particularly those in the restaurant industry, that operate mobile websites and use third-party platforms if they do not ensure full accessibility for visually impaired individuals under ADA Title III and WCAG 2.1 Level A and AA Guidelines.

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