ADA Website Accessibility Lawsuit: Restaurant Mobile Website

Plaintiff Windy Lucius has filed a lawsuit against a restaurant operating in Florida, in the United States District Court, Southern District of Florida, Miami Division, on December 21, 2022. The complaint alleges that the restaurant's mobile website is not fully accessible to visually impaired consumers, violating Title III of the Americans with Disabilities Act. The plaintiff, who is legally blind, uses Apple Screen Reader VoiceOver software to access digital content and acts as a "tester" for civil rights compliance.

The complaint specifically alleges several WCAG 2.1 Level A and AA Guideline violations. These include Guideline 1.1.1 (Non-Text Content) due to unlabeled promotional images with unannounced details; Guideline 1.3.1 (Info and Relationships) because a 'Nutrition Information' PDF table lacks identified column headers; Guideline 1.3.3 (Sensory Characteristics) as PDF content is announced only as "image"; Guideline 2.4.3 (Focus order) where menu content does not receive focus and is skipped; and Guideline 1.4.5 (Images of Text) because text within images, like the 'Freaky Friday' promotion, is not announced and inaccessible to screen readers.

This lawsuit highlights significant legal risks for businesses, particularly restaurants and other places of public accommodation, that maintain inaccessible mobile websites or digital platforms. The complaint emphasizes that pre-existing ADA obligations cannot be avoided through contractual arrangements with third-party vendors for features like reservations or online stores. Businesses are therefore mandated to ensure their digital offerings, including those provided by third parties, are fully compliant with ADA Title III and WCAG standards to prevent discrimination against individuals with disabilities and avoid similar legal challenges.