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ADA Website Accessibility Lawsuit: a restaurant chain

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

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AAScreen Reader IncompatibilityImproper Focus OrderImages of TextInformation and Relationships

Case Summary

Plaintiff Windy Lucius has filed an ADA Title III lawsuit against a restaurant chain in the United States District Court, Southern District of Florida, on December 20, 2022. The complaint alleges that the mobile website of a popular restaurant is not fully accessible to visually impaired consumers, thereby denying them equal access to goods and services. Ms. Lucius, represented by J. Courtney Cunningham, PLLC, asserts that she is legally blind and uses screen reader software to access digital content.

The lawsuit details specific WCAG 2.1 Level A and AA Guideline violations, including Guideline 1.3.1 - Information and Relationship, where menu content's structure and relationships are not programmatically determined, leading to disjointed information via screen readers. Guideline 2.4.3 - Focus Order is violated, resulting in an incorrect focus sequence for menu items. Additionally, Guideline 1.4.5 - Images of Text is violated, as menu sections presented as images do not have announced text, making them inaccessible to screen reader users.

This case highlights the significant legal risk for businesses operating online platforms, particularly those in the food service industry, if their digital properties fail to comply with ADA Title III accessibility standards. The complaint emphasizes that relying on third-party vendors for website platforms does not absolve public accommodations of their obligations to ensure full and equal enjoyment of goods and services for individuals with disabilities, especially regarding screen reader compatibility and proper structural and textual content presentation.

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 1.3.1 (Information and Relationship) due to poorly structured content for screen readers, Guideline 2.4.3 (Focus Order) for incorrect navigation sequence, and Guideline 1.4.5 (Images of Text) because menu images lack announced text.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Windy Lucius, and she is represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This creates a legal risk for similar businesses whose mobile websites are not fully accessible to visually impaired individuals, potentially leading to ADA Title III lawsuits. It underscores the necessity for digital platforms, even those managed by third-party vendors, to ensure compatibility with assistive technologies like screen readers to provide equal access to all users.

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