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ADA Website Accessibility Lawsuit: an online restaurant and cafe

Case # · District Court, S.D. Florida · Filed November 14, 2022

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AANon-Text Content (1.1.1)Info and Relationships (1.3.1)Meaningful Sequence (1.3.2)Focus Order (2.4.3)

Case Summary

Windy Lucius has filed a lawsuit in the United States District Court for the Southern District of Florida, Miami Division, on November 14, 2022, against an online restaurant and cafe operator. The plaintiff alleges that the mobile website of this hospitality group, which also operates a physical restaurant, is not fully accessible to visually impaired consumers.

The complaint specifically cites violations of WCAG 2.1 Level A and AA Guidelines, including issues with Non-Text Content where 'Vegan' and 'Gluten Free' icons are not announced. Furthermore, Info and Relationships are violated in the 'Drinks' menu, with prices announced separately from wine names. Meaningful Sequence and Focus Order are also cited as issues, particularly in the 'Lunch Menu' and 'Dinner Menu', leading to users being unable to access content sequentially. Lastly, Link Purpose (In Context) is violated as the 'back to top' button misdirects users.

This case underscores the legal imperative for all businesses operating digital platforms, especially those with a nexus to physical public accommodations, to ensure their online presence is accessible to individuals with disabilities. Plaintiff Windy Lucius and her legal representatives, J. COURTNEY CUNNINGHAM, PLLC, seek injunctive relief, highlighting that failure to adhere to ADA Title III requirements for digital accessibility can lead to significant legal liability and demand for corrective measures to eliminate access barriers.

Case Q&A

What specific WCAG violations is this online restaurant and cafe accused of?

The lawsuit alleges violations of WCAG 2.1 Level A and AA Guidelines, specifically citing issues with Non-Text Content (unannounced icons), Info and Relationships (prices detached from item names), Meaningful Sequence (non-sequential lunch menu focus), Focus Order (random dinner menu focus), and Link Purpose (misleading 'back to top' button announcement).

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by the law firm J. COURTNEY CUNNINGHAM, PLLC.

What legal risk does this create?

This case highlights the significant legal risk under ADA Title III for businesses, particularly those in the hospitality sector, that fail to ensure their digital platforms are fully accessible to individuals with disabilities. Non-compliance can result in lawsuits seeking injunctive relief, attorney's fees, and court orders for costly accessibility remediation.

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