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ADA Website Accessibility Lawsuit: Restaurant Mobile Website

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

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAFocus Order Violation (2.4.3)NameRoleValue Violation (4.1.2)Screen Reader IncompatibilityADA Title III Mobile Website

Case Summary

James Watson has filed an ADA Title III website accessibility lawsuit against an online restaurant in the United States District Court, Southern District of Florida, on December 5, 2022. The plaintiff is represented by J. Courtney Cunningham, PLLC.

The lawsuit specifically alleges violations of WCAG 2.1 Level A and AA Guidelines. Identified issues include Guideline 2.4.3 concerning focus order, where mobile screen reader users are unable to select a date in the reservation popup, as the focus incorrectly shifts to a hidden time field. Additionally, Guideline 4.1.2, Name, Role, Value, is cited for failures in modal dialogues, where instructions and buttons within a pop-up, triggered by an 'Order Now' button, do not receive focus or are not announced by screen readers, preventing users from proceeding.

This case highlights the increasing legal scrutiny faced by businesses operating digital platforms that are not fully accessible to individuals with disabilities, particularly those relying on screen reader technology. It serves as a reminder that non-compliance with ADA Title III and WCAG standards can lead to injunctive relief, attorney's fees, and significant litigation costs for businesses in similar industries.

Case Q&A

What specific WCAG violations is this online restaurant accused of?

WCAG 2.1 Guideline 2.4.3 (Focus Order) is violated because mobile screen reader users cannot select dates in reservation popups, with focus shifting to hidden fields. WCAG 2.1 Guideline 4.1.2 (Name, Role, Value) is violated as modal dialogues for ordering do not receive focus or announce content to screen readers.

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?

Businesses with inaccessible digital platforms face legal challenges under ADA Title III, risking injunctive orders to remediate their websites, significant attorney's fees, and litigation expenses.

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