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ADA Website Accessibility Lawsuit: a restaurant chain

Case # · District Court, S.D. Florida · Filed December 8, 2022

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AAMissing Alt Text on IconsKeyboard Navigation FailureIncorrect Focus OrderIncorrect ARIA Roles

Case Summary

Plaintiff James Watson, a Florida resident, has filed an ADA Title III lawsuit against a restaurant chain operating in the Southern District of Florida on December 8, 2022. The complaint alleges that the restaurant chain's mobile website is not fully accessible to visually impaired consumers, thereby denying equal access to its goods and services. The case was filed in the United States District Court, Southern District of Florida.

The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA violations. These include Guideline 1.1.1 (Non-Text Content) where vegan dish icons are not announced by screen readers, Guideline 2.4.1 (Bypass Blocks) affecting date selection on catering forms, Guideline 2.4.3 (Focus Order) where focus doesn't shift to the main menu popup, Guideline 2.4.4 (Link Purpose In Context) due to unlabeled social media links announced generically, and Guideline 4.1.2 (Name, Role, Value) where date and time fields in the private events form are incorrectly announced as 'combo boxes'.

This litigation highlights the critical legal risk faced by businesses whose digital platforms, including mobile websites, fail to meet federal accessibility standards. It underscores that even third-party vendor platforms integrated into a business's online services must comply with ADA Title III, as contractual arrangements do not absolve a place of public accommodation from its accessibility obligations. Businesses in the restaurant industry, or any public accommodation with an online presence, must ensure their digital offerings are fully accessible to individuals with disabilities to avoid similar lawsuits and legal liabilities.

Case Q&A

What specific WCAG violations is this restaurant chain accused of?

The restaurant chain is accused of violating WCAG 2.1 Level A and AA Guidelines, including Guideline 1.1.1 (Non-Text Content) for unannounced vegan icons, Guideline 2.4.1 (Bypass Blocks) for date selection issues, Guideline 2.4.3 (Focus Order) for incorrect menu popup focus, Guideline 2.4.4 (Link Purpose In Context) for generic social media link announcements, and Guideline 4.1.2 (Name, Role, Value) for mislabeled form fields.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by James Watson, represented by J. COURTNEY CUNNINGHAM, PLLC.

What legal risk does this create?

This case demonstrates that online businesses, especially those in the food service industry, face significant legal risk under ADA Title III if their digital platforms, including mobile websites, are not fully accessible to users with disabilities. It also clarifies that businesses are responsible for the accessibility of third-party platforms integrated into their services.

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