ADA Website Accessibility Lawsuit: Online Sushi Restaurant
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Plaintiff James Watson has filed an ADA Title III lawsuit against an online sushi restaurant in the United States District Court for the Southern District of Florida, Miami Division, on November 15, 2022. The complaint alleges that the restaurant's mobile website is not fully accessible to visually impaired consumers.
The lawsuit specifically details that the mobile website fails to properly interact with VoiceOver screen reader software. Allegations include violations of WCAG Guideline 2.4.3 regarding focus order, where pop-ups do not receive focus or are announced, and the focus incorrectly moves to the scroll bar and browser's back button, preventing screen readers from accessing content. It is also stated that homepage content is not announced, rendering the mobile website unusable with a screen reader.
This case highlights the legal risks for businesses, particularly those in the restaurant industry, that offer mobile websites or digital platforms that are not compliant with ADA Title III and WCAG 2.1 Level A and AA guidelines. Non-compliance can lead to federal lawsuits, demands for injunctive relief to make digital assets accessible, and liability for attorney's fees and litigation costs.
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Case Q&A
What specific WCAG violations is this online sushi restaurant accused of?
The online sushi restaurant is accused of numerous WCAG violations, including failure to interface with VoiceOver screen reader software, violation of Guideline 2.4.3 (Focus Order), pop-ups not receiving focus or being announced, incorrect focus movement to scroll bar/browser back button, and unannounced homepage content, making the mobile website unusable with a screen reader.
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 significant legal risk for businesses with mobile websites or digital platforms that are not ADA Title III and WCAG 2.1 Level A and AA compliant, potentially leading to lawsuits, injunctions, and financial liabilities for non-compliance.