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ADA Website Accessibility Lawsuit: a restaurant

Case # · District Court, S.D. Florida · Filed November 7, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAMeaningful Sequence (1.3.2)Focus Order (2.4.3)Name Role Value (4.1.2)Screen Reader Incompatibility

Case Summary

Plaintiff, WINDY LUCIUS, represented by J. Courtney Cunningham, PLLC, filed a lawsuit against an online restaurant platform in the United States District Court Southern District of Florida on November 7, 2022, alleging violations of ADA Title III regarding digital accessibility.

The complaint specifically alleges WCAG 2.1 Level A and AA Guidelines violations, including Guideline 1.3.2 (Meaningful Sequence) where menu content is announced out of order; Guideline 2.4.3 (Focus order) as focus does not move logically to pop-ups; and Guideline 4.1.2 (Name, Role, Value) where banner content is not announced to mobile screen reader users.

This action highlights significant legal risks for businesses, especially restaurants, operating an online presence that serves as a public accommodation. Such entities must ensure their digital platforms, including mobile websites, are fully accessible to individuals with visual impairments to avoid discrimination lawsuits under the ADA Title III, irrespective of third-party vendor involvement.

Case Q&A

What specific WCAG violations is this online restaurant platform accused of?

The platform is accused of violating WCAG 2.1 Level A and AA Guidelines, including Guideline 1.3.2 (Meaningful Sequence) for out-of-order menu content announcement, Guideline 2.4.3 (Focus order) for illogical focus movement, and Guideline 4.1.2 (Name, Role, Value) for unannounced banner content.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by WINDY LUCIUS and is represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case underscores the legal risk for businesses, particularly restaurants, that offer goods and services through mobile websites. They must ensure their digital platforms comply with ADA Title III and WCAG guidelines to prevent lawsuits for denying full and equal access to visually impaired individuals.

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