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ADA Website Accessibility Lawsuit: A Key Club restaurant

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

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAMeaningful Sequence ViolationFocus Order ViolationName Role Value ViolationImages of Text Accessibility

Case Summary

Plaintiff WINDY LUCIUS has filed a federal lawsuit in the United States District Court, Southern District of Florida, Miami Division, on October 11, 2022, against a restaurant operating an inaccessible mobile website. The complaint alleges that the mobile website, which serves as an extension of the physical establishment, fails to provide full and equal access to visually impaired individuals, violating Title III of the Americans with Disabilities Act.

The lawsuit specifically details multiple WCAG 2.1 Level A and AA guideline violations, including issues with Meaningful Sequence (Guideline 1.3.2), Focus Order (Guideline 2.4.3), Name, Role, Value (Guideline 4.1.2), and Images of Text (Guideline 1.4.5). Additionally, the mobile website is cited for violating WCAG 2.4.5 (Multiple Ways) due to inadequate navigation and inaccessible menu links, making it difficult for screen reader users to comprehend content, make reservations, or purchase gift cards.

This action highlights the significant legal risks faced by public accommodations, such as restaurants, that operate digital platforms, including mobile websites, that are not fully accessible to all users. The plaintiff, represented by J. Courtney Cunningham, PLLC, seeks injunctive relief to mandate the defendant's compliance with ADA Title III and associated accessibility standards, underscoring the necessity for all online services, including those provided through third-party vendors, to be accessible to individuals with disabilities.

Case Q&A

What specific WCAG violations is this online restaurant accused of?

The mobile website is accused of violating WCAG 1.3.2 (Meaningful Sequence), WCAG 2.4.3 (Focus Order), WCAG 4.1.2 (Name, Role, Value), WCAG 1.4.5 (Images of Text), and WCAG 2.4.5 (Multiple Ways) for navigation issues.

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 demonstrates that businesses operating digital platforms, including mobile websites, face significant legal risk under ADA Title III if their online services are not fully accessible to disabled users. This includes liability for third-party vendor platforms used for services like reservations or gift cards.

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