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ADA Website Accessibility Lawsuit: an online restaurant service

Case # · District Court, S.D. Florida · Filed December 5, 2022

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 A/AAMissing Alt Text (1.1.1)Screen Reader IncompatibilityKeyboard Navigation Failure (2.4.3)Unlabeled Form Elements (4.1.2)

Case Summary

Plaintiff James Watson filed an ADA Title III lawsuit against an online restaurant service in the United States District Court for the Southern District of Florida on December 5, 2022. The complaint alleges that the defendant's mobile website is inaccessible to visually impaired individuals, preventing full and equal enjoyment of the goods and services offered.

James Watson alleges that the online ordering platform violates several WCAG 2.1 Level A and AA Guidelines. Specifically, Guideline 1.1.1 (Non-Text Content) is violated with unlabeled links and unannounced company logos. Guideline 1.3.1 (Info and Relationships) is cited due to a lack of programmatic information, structure, and inaccessible checkout options. Guideline 1.3.2 (Meaningful Sequence) is violated as the menu PDF's focus order is non-sequential. Guideline 2.4.3 (Focus order) is also violated, making the menu carousel inaccessible and leading to incorrect focus movement. Lastly, Guideline 4.1.2 (Name, Role, Value) is violated because checkboxes for dish customizations are unlabeled, rendering them unusable by screen readers.

This lawsuit underscores the critical legal risk faced by online food service providers and similar businesses if their digital platforms, including mobile websites, are not fully accessible to individuals with visual impairments using screen reader software. Failure to comply with ADA Title III and WCAG standards can lead to costly litigation, injunctive relief, and demands for attorney's fees and litigation expenses, emphasizing the necessity for proactive accessibility remediation.

Case Q&A

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

The online platform is accused of violating WCAG Guideline 1.1.1 (Non-Text Content) due to unlabeled links and unannounced logos, Guideline 1.3.1 (Info and Relationships) for lacking programmatic structure and accessible checkout options, Guideline 1.3.2 (Meaningful Sequence) for non-sequential menu focus, Guideline 2.4.3 (Focus order) for an inaccessible menu carousel, and Guideline 4.1.2 (Name, Role, Value) for unlabeled checkboxes.

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 case highlights the legal risk for online food service businesses if their digital platforms are not accessible to visually impaired users, potentially leading to lawsuits, demands for injunctive relief, attorney's fees, and litigation expenses for non-compliance with ADA Title III and WCAG standards.

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