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ADA Website Accessibility Lawsuit: Restaurant Chain

Case # · District Court, S.D. Florida · Filed December 20, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing Alt TextADA Title III Website

Case Summary

Plaintiff James Watson, a visually impaired individual, has filed an ADA Title III lawsuit against a Florida-based restaurant chain in the United States District Court for the Southern District of Florida, with the complaint entered on December 20, 2022.

The complaint alleges that the restaurant chain's mobile website violates WCAG 2.1 Level A and AA Guidelines. Specifically, Guideline 1.3.2 (Meaningful Sequence) is cited due to a date picker on a private dining inquiry form that exits focus before dates are announced. Guideline 2.4.3 (Focus Order) is violated because menu links are not announced on mobile after expanding the main menu. Furthermore, Guideline 1.4.5 (Images of Text) is noted as a holiday season popup's content is an unlabeled image, rendering it inaccessible to screen reader software like Apple VoiceOver.

This action highlights the significant legal risk for businesses, particularly those in the hospitality sector operating restaurant services, that fail to ensure their digital platforms are fully accessible to individuals with disabilities. Such non-compliance can lead to claims of discrimination under the Americans with Disabilities Act, forcing legal action to secure equal access and benefits for all consumers.

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, specifically Guideline 1.3.2 (Meaningful Sequence) for a non-functional date picker, Guideline 2.4.3 (Focus Order) where menu links are not announced, and Guideline 1.4.5 (Images of Text) due to unlabeled image content in a popup.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This lawsuit demonstrates the legal risk for businesses that fail to ensure their mobile websites are accessible to disabled users, especially those relying on screen readers, potentially leading to discrimination claims under ADA Title III.

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