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ADA Website Accessibility Lawsuit: online restaurant booking platform

Case # · District Court, S.D. Florida · Filed November 23, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAMissing Alt TextKeyboard Navigation FailureScreen Reader IncompatibilityForm Accessibility

Case Summary

Plaintiff James Watson, a legally blind Florida resident, has filed a federal lawsuit in the Southern District of Florida on November 23, 2022, against an online restaurant booking platform.

The complaint, filed by J. Courtney Cunningham, PLLC, alleges specific WCAG violations on the mobile website, including Guideline 1.1.1 (Non-Text Content) due to unlabeled promotional images, Guideline 2.4.3 (Focus order) where content like hours is not announced, Guideline 1.4.5 (Images of Text) because menus are only available as images with unannounced content, and Guideline 3.3.3 (Error Suggestion) for non-specific error messages in forms. These issues prevent visually impaired consumers from fully accessing and using the digital platform.

This action highlights the significant legal risks for similar businesses that operate public accommodations with mobile websites or digital platforms that fail to comply with ADA Title III and WCAG 2.1 Level A and AA Guidelines, potentially leading to injunctive relief, attorney's fees, and litigation costs for non-compliance with digital accessibility standards for visually impaired users. Businesses must ensure their digital offerings are fully accessible to avoid such lawsuits.

Case Q&A

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

The platform is accused of violating WCAG 1.1.1 (Non-Text Content) due to unlabeled promotional images, WCAG 2.4.3 (Focus order) for content that doesn't receive focus, WCAG 1.4.5 (Images of Text) because menus are provided as inaccessible images, and WCAG 3.3.3 (Error Suggestion) for non-specific error messages.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This creates a legal risk for businesses operating public accommodations with mobile websites or digital platforms that are not accessible to visually impaired users, potentially resulting in ADA Title III lawsuits seeking injunctive relief, attorney's fees, and litigation costs for non-compliance with WCAG standards.

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