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ADA Website Accessibility Lawsuit: Restaurant Group

Case # · District Court, S.D. Florida · Filed December 29, 2022

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AAMissing Alt TextUnlabeled Form ElementsScreen Reader Focus OrderName Role Value Issues

Case Summary

Windy Lucius has filed an ADA Title III website accessibility lawsuit against a restaurant group in the United States District Court for the Southern District of Florida, Miami Division, on December 29, 2022. Represented by J. COURTNEY CUNNINGHAM, PLLC, the plaintiff alleges that the defendant's mobile website is not fully accessible to visually impaired consumers.

The complaint specifically alleges numerous WCAG 2.1 Level A and AA violations. These include Guideline 1.1.1 (Non-Text Content) for unannounced menus and images, Guideline 1.3.1 (Info and Relationships) for unlabeled icons in reservation forms, and Guideline 1.3.2 (Meaningful Sequence) where screen readers skip menu content. Further issues cited are Guideline 2.4.3 (Focus Order) preventing date changes, Guideline 4.1.2 (Name, Role, Value) impacting menu access for screen reader users, and Guideline 1.4.5 (Images of Text) for unannounced text within images.

This case highlights the critical importance for online restaurant platforms and other places of public accommodation to ensure their digital services are fully compliant with ADA Title III and WCAG 2.1 Level A and AA Guidelines. Businesses operating similar mobile websites risk facing legal action if they fail to provide equal access and effective communication for individuals with disabilities, particularly those who are visually impaired and rely on screen reader technology.

Case Q&A

What specific WCAG violations is this restaurant group accused of?

The restaurant group is accused of violating WCAG 1.1.1 (Non-Text Content), 1.3.1 (Info and Relationships), 1.3.2 (Meaningful Sequence), 2.4.3 (Focus Order), 4.1.2 (Name, Role, Value), and 1.4.5 (Images of Text) on its mobile website.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by J. COURTNEY CUNNINGHAM, PLLC.

What legal risk does this create?

This lawsuit indicates that online platforms, especially mobile websites for restaurants, are under scrutiny for ADA Title III compliance. Businesses that fail to make their digital content accessible to visually impaired users, particularly those using screen readers, face potential lawsuits seeking injunctive relief and attorney's fees.

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