ADA Website Accessibility Lawsuit: a sports bar and grill chain
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, Miami Division, on December 20, 2022, against the operator of a sports bar and grill chain. The complaint alleges that the defendant's mobile website is not fully accessible to visually impaired consumers using screen reader software.
The lawsuit specifically details multiple WCAG 2.1 Level A and AA violations. These include issues with non-text content (Guideline 1.1.1), meaningful sequence (Guideline 1.3.2), focus order (Guideline 2.4.3), link purpose in context (Guideline 2.4.4), labels or instructions (Guideline 3.3.2), and images of text (Guideline 1.4.5). These violations prevent the plaintiff from independently using the mobile website to access menus, check locations, or purchase gift cards.
This case highlights the legal risks for businesses, particularly those in the hospitality sector, that operate websites or mobile applications integrated with their physical locations. Failure to ensure digital accessibility for disabled individuals under ADA Title III can lead to demands for injunctive relief to correct the violations, as well as attorney's fees and litigation expenses.
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Case Q&A
What specific WCAG violations is this sports bar and grill chain accused of?
The sports bar and grill chain is accused of violating WCAG 2.1 Level A and AA guidelines, including issues with non-text content (1.1.1), meaningful sequence (1.3.2), focus order (2.4.3), link purpose (2.4.4), labels or instructions (3.3.2), and images of text (1.4.5).
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Windy Lucius, represented by the law firm J. Courtney Cunningham, PLLC.
What legal risk does this create?
This creates legal risk for similar businesses whose websites or mobile applications are not accessible to visually impaired users, potentially leading to lawsuits seeking injunctive relief, attorney's fees, and litigation costs under ADA Title III.