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ADA Website Accessibility Lawsuit: a Restaurant's Mobile Ordering Platform

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

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAUnlabeled LinksInaccessible Form ControlsKeyboard Focus IssuesMeaningful Sequence Failure

Case Summary

James Watson, represented by J. Courtney Cunningham, PLLC, has filed an ADA Title III lawsuit against the owner of an online restaurant ordering platform in the United States District Court for the Southern District of Florida on December 5, 2022.

The complaint alleges multiple WCAG 2.1 Level A and AA violations, including inaccessible non-text content where company logos and links are unlabeled, failures in information and relationships preventing access to checkout options, and a lack of meaningful sequence in the menu PDF. Further issues include improper focus order on the menu carousel, causing screen readers to misdirect users, and unlabeled checkboxes for customizing dishes, which are announced merely as 'image'.

This action underscores the significant legal risk for online food service providers and similar digital businesses whose mobile websites are not fully compliant with ADA Title III and WCAG standards, potentially leading to costly injunctive relief, attorney's fees, and litigation expenses.

Case Q&A

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

The platform is accused of WCAG 1.1.1 (Non-Text Content) due to unlabeled logos and links, WCAG 1.3.1 (Info and Relationships) regarding an inaccessible gift card checkout, WCAG 1.3.2 (Meaningful Sequence) for a non-sequential menu PDF, WCAG 2.4.3 (Focus Order) with an inaccessible menu carousel, and WCAG 4.1.2 (Name, Role, Value) due to unlabeled dish customization checkboxes.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This case highlights that digital platforms, particularly mobile websites for public accommodations, face legal challenges under ADA Title III if they fail to provide accessible services for individuals with disabilities, leading to potential injunctions and financial penalties.

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