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ADA Website Accessibility Lawsuit: Restaurant Chain's Mobile Website

Case # · District Court, S.D. Florida · Filed January 9, 2023

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 Level AWCAG 2.1 Level AAUnlabeled ImagesMissing Form LabelsScreen Reader Incompatibility

Case Summary

Plaintiff Windy Lucius has filed an ADA Title III website accessibility lawsuit against a restaurant chain operating an online platform in the United States District Court for the Southern District of Florida on January 9, 2023.

The complaint alleges numerous WCAG violations, including Guideline 1.1.1 for unlabeled images (e.g., logos, product images announced as 'undefined link image'), Guideline 1.3.1 due to unlabeled 'Date of Birth' and rewards form fields, and Guideline 1.3.3 because of unannounced third-party link destinations and icons. Further violations include Guideline 2.4.4 for unlabeled 'Contact Us' and 'News' links, Guideline 3.3.2 for unannounced FAQ buttons and states, and Guideline 4.1.2 because an accessibility widget was inoperable on mobile, with its content unannounced and buttons unresponsive to screen readers.

This litigation highlights the ongoing legal risk for similar businesses that operate consumer-facing mobile websites or digital platforms. Failure to ensure full accessibility for visually impaired users, particularly regarding compatibility with screen reader software and adherence to WCAG 2.1 Level A and AA guidelines, can lead to costly lawsuits, injunctive relief, and reputational damage.

Case Q&A

What specific WCAG violations is this restaurant chain accused of?

The restaurant chain is accused of violating WCAG 1.1.1 (unlabeled images), 1.3.1 (missing form field labels), 1.3.3 (sensory characteristics for unannounced links and icons), 2.4.4 (unlabeled links), 3.3.2 (unannounced button labels and states for FAQs), and 4.1.2 (inoperable accessibility widget with unannounced content and unresponsive buttons for screen readers).

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 case creates a legal risk for other restaurant chains and businesses with mobile websites or digital platforms that are not fully accessible to visually impaired users, particularly those that fail to comply with WCAG 2.1 Level A and AA standards, potentially leading to ADA Title III lawsuits and demands for injunctive relief.

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