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ADA Website Accessibility Lawsuit: Grocery Store Chain

Case # · District Court, S.D. Florida · Filed October 11, 2022

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 Level AAKeyboard Navigation FailureScreen Reader IncompatibilityMissing Programmatic LabelsShopping Cart Inaccessibility

Case Summary

Plaintiff NELSON FERNANDEZ has filed an ADA Title III lawsuit against a national grocery store chain in the United States District Court, Southern District of Florida, on October 11, 2022. The plaintiff, who is visually and physically disabled, alleges that the e-commerce website of the defendant contains significant accessibility barriers that prevent full and equal access.

The complaint specifically details several WCAG violations, including an inaccessible shopping cart, product filters, pictures, prices, and information inaccessible via keyboard navigation. Additionally, product prices are mislabeled and read without proper descriptions for screen readers, and common abbreviations are read as individual letters rather than their intended words. The plaintiff also claims the defendant's accessibility statement itself was inaccessible, preventing disabled users from obtaining assistance.

This case highlights the legal imperative for businesses, especially those with physical public accommodations, to ensure their online platforms are fully accessible under ADA Title III. Failure to address such digital barriers, particularly for screen reader users and keyboard navigation, exposes companies to litigation risk and denies disabled individuals equal access to goods, services, privileges, and advantages offered through their websites.

Case Q&A

What specific WCAG violations is this grocery store chain accused of?

The grocery store chain's website is accused of having an inaccessible shopping cart, product information (pictures, prices) inaccessible with a keyboard, mislabeled product prices for screen readers, and incorrect pronunciation of abbreviations by screen readers.

Who filed this lawsuit, and which law firm?

NELSON FERNANDEZ 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 demonstrates the significant legal risk under ADA Title III for businesses whose websites act as extensions of their physical public accommodations if they fail to provide full and equal digital access to disabled individuals.

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