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ADA Website Accessibility Lawsuit: an Italian restaurant

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

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AANon-Text Content (1.1.1)Meaningful Sequence (1.3.2)Focus Order (2.4.3)Images of Text (1.4.5)

Case Summary

James Watson, a visually impaired individual, has filed an ADA Title III lawsuit in the United States District Court Southern District of Florida, Miami Division, on October 11, 2022, against an Italian restaurant. The complaint alleges that the restaurant's mobile website is not fully accessible to disabled users, thereby denying them equal access to its goods and services.

The lawsuit, represented by J. Courtney Cunningham, PLLC, specifically identifies several Web Content Accessibility Guidelines (WCAG 2.1 Level A and AA) violations. These include issues with Guideline 1.1.1 (Non-Text Content), where text alternatives are not provided for non-text content; Guideline 1.3.2 (Meaningful Sequence), as content is not presented in a logical order; Guideline 2.4.3 (Focus order), which hinders navigation for screen reader users; and Guideline 1.4.5 (Images of Text), where text presented as images is not comprehensible to mobile VoiceOver screen readers.

This action highlights the ongoing legal risks for online businesses, particularly those in the hospitality sector, whose digital platforms fail to meet ADA accessibility standards. Businesses offering goods and services via websites or mobile applications must ensure full and equal access for all users, including those with visual impairments, to avoid similar litigation, potential injunctive relief, and the associated costs and attorney's fees.

Case Q&A

What specific WCAG violations is this Italian restaurant accused of?

The restaurant is accused of violating WCAG Guidelines 1.1.1 (Non-Text Content), 1.3.2 (Meaningful Sequence), 2.4.3 (Focus order), and 1.4.5 (Images of Text).

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 online businesses, particularly in the hospitality sector, that operate inaccessible websites or mobile applications, potentially leading to ADA Title III lawsuits, injunctive relief, and significant legal expenses.

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