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ADA Website Accessibility Lawsuit: Restaurant Chain

Case # · District Court, S.D. Florida · Filed October 25, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 1.3.1 Info and RelationshipsWCAG 1.3.2 Meaningful SequenceWCAG 2.4.3 Focus OrderWCAG 4.1.2 Name Role ValueScreen Reader Incompatibility

Case Summary

Windy Lucius has filed a federal lawsuit against a Japanese restaurant in the United States District Court, Southern District of Florida, Miami Division, on October 25, 2022. The complaint alleges that the restaurant's mobile website is not fully accessible to visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act.

The lawsuit specifically cites several WCAG 2.1 Level A and AA Guideline violations. These include Guideline 1.3.1 (Information, Structure, and Relationships) because "+ add" buttons for "Dietary Restrictions" and "Special Occasion" fields are announced as plain text and lack functionality with VoiceOver. Guideline 1.3.2 (Meaningful Sequence) is violated as 'I' buttons on the reservation form do not receive focus or are announced. Guideline 2.4.3 (Focus Order) is breached because focus moves to hidden, unlabeled elements causing confusion. Finally, Guideline 4.1.2 (Name, Role, Value) is violated as required consent checkboxes on the reservation form do not work with VoiceOver.

This case highlights the legal risks for businesses, especially those in the hospitality industry, that operate mobile websites or digital platforms offering services like reservations, gift card purchases, or food ordering. Failure to ensure full accessibility for disabled users, including those relying on screen reader software, can lead to costly ADA Title III lawsuits, requiring injunctive relief, attorney's fees, and litigation expenses. Businesses must audit and remediate their digital assets to comply with WCAG standards.

Case Q&A

What specific WCAG violations is this restaurant chain accused of?

The restaurant chain is accused of violating WCAG 2.1 Guidelines 1.3.1 (Information, Structure, and Relationships), 1.3.2 (Meaningful Sequence), 2.4.3 (Focus Order), and 4.1.2 (Name, Role, Value).

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, and she is represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This creates a legal risk for businesses, particularly those with online presence offering services like reservations or purchases, if their digital platforms are not accessible to individuals with visual impairments, potentially leading to ADA Title III lawsuits and associated costs.

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