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ADA Website Accessibility Lawsuit: online restaurant services

Case # · District Court, S.D. Florida · Filed December 30, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 1.1.1 Non-Text ContentWCAG 2.4.3 Focus OrderScreen Reader IncompatibilityWCAG 2.4.4 Link Purpose (In Context)WCAG 3.3.1 Error Identification

Case Summary

Plaintiff James Watson has filed an ADA Title III website accessibility lawsuit against an online restaurant services provider in the United States District Court for the Southern District of Florida on December 30, 2022.

The complaint alleges that the defendant's mobile website fails to comply with WCAG 2.1 Level A and AA Guidelines. Specific violations include Guideline 1.1.1 (Non-Text Content) due to unlabeled elements like the main menu icon, Guideline 2.4.3 (Focus Order) where the menu is an unannounced image and focus skips content, Guideline 2.4.4 (Link Purpose) with unlabeled footer logos, and Guideline 3.3.1 (Error Identification) because form submission errors are not audibly announced to visually impaired users relying on screen reader software.

This case underscores the ongoing legal risk for businesses, particularly those in the food service industry, whose digital platforms, including mobile websites, are not fully accessible to individuals with disabilities. Companies must ensure their online services integrate effectively with assistive technologies like screen readers to avoid potential ADA Title III litigation.

Case Q&A

What specific WCAG violations is this online restaurant services provider accused of?

The lawsuit alleges violations of WCAG 1.1.1 (Non-Text Content), 2.4.3 (Focus Order), 2.4.4 (Link Purpose), and 3.3.1 (Error Identification) on its mobile website.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create for similar businesses?

This case highlights the imperative for online businesses, especially those offering services via mobile websites, to ensure their digital presence is fully accessible to disabled users, or face potential ADA Title III lawsuits.

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