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ADA Website Accessibility Lawsuit: An Upscale Restaurant

Case # · District Court, S.D. Florida · Filed October 21, 2022

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 A/AAMissing Text AlternativesSensory Characteristics FailureFocus Order ViolationInaccessible Interactive Elements

Case Summary

Plaintiff James Watson has filed a federal lawsuit against an upscale restaurant in the Southern District of Florida on October 21, 2022, alleging violations of Title III of the Americans with Disabilities Act. The complaint, brought by J. Courtney Cunningham, PLLC, centers on the inaccessibility of the restaurant's mobile website to visually impaired users.

The lawsuit specifically claims that the online platform fails to comply with WCAG 2.1 Level A and AA Guidelines. Alleged violations include a lack of text alternatives for non-text content (Guideline 1.1.1), issues with sensory characteristics where instructions rely on visual cues not announced by screen readers (Guideline 1.3.3), a broken focus order impacting logical navigation (Guideline 2.4.3), and failures in name, role, value (Guideline 4.1.2) making interactive elements like pop-ups inaccessible.

This action highlights the ongoing legal risks for businesses operating digital platforms that are not fully accessible to individuals with disabilities. Companies in the hospitality sector and other industries offering goods and services online face potential lawsuits if their websites, mobile applications, or other digital assets do not meet established accessibility standards, particularly for screen reader compatibility.

Case Q&A

What specific WCAG violations is this upscale restaurant accused of?

The lawsuit alleges violations of WCAG 2.1 Level A and AA Guidelines, including non-text content lacking alternatives (1.1.1), sensory characteristics issues (1.3.3), focus order violations (2.4.3), and name, role, value failures (4.1.2) affecting interactive elements.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This creates a legal risk for other businesses, especially those in the hospitality industry, operating online platforms that are not fully accessible to visually impaired users, as they may face similar ADA Title III lawsuits.

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