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ADA Website Accessibility Lawsuit: a restaurant

Case # · District Court, S.D. Florida · Filed January 23, 2023

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 Level AWCAG 2.1 Level AAInfo and Relationships (1.3.1)Focus Order (2.4.3)NameRoleValue (4.1.2)

Case Summary

Plaintiff James Watson filed a lawsuit against a restaurant operating a mobile website in the United States District Court for the Southern District of Florida, Miami Division, on January 23, 2023. This complaint alleges violations of Title III of the Americans with Disabilities Act of 1990, seeking injunctive relief and attorney's fees.

The plaintiff, who is legally blind and uses Apple Screen Reader VoiceOver software, claims the mobile website fails to provide effective communication for visually impaired individuals. Specifically, the complaint cites violations of WCAG 2.1 Level A and AA Guidelines, including Guideline 1.3.1 (Info and Relationships) due to unlabeled help and close buttons and unannounced accessibility widgets. It also alleges Guideline 2.4.3 (Focus Order) is violated as menu item descriptions and quantities are not announced by screen readers, and Guideline 4.1.2 (Name, Role, Value) is violated as an account graphic button is not labeled meaningfully.

This action highlights the ongoing legal risks for businesses, especially those in the hospitality sector, that operate mobile websites which are not fully accessible to disabled users. Businesses must ensure their digital platforms comply with ADA Title III and WCAG standards to avoid similar claims, ensuring full and equal enjoyment of goods and services for all customers.

Case Q&A

What specific WCAG violations is this restaurant accused of?

The restaurant's mobile website is accused of violating WCAG 2.1 Level A and AA Guidelines, specifically Guideline 1.3.1 (Info and Relationships) due to unlabeled buttons, Guideline 2.4.3 (Focus Order) because menu item details are skipped by screen readers, and Guideline 4.1.2 (Name, Role, Value) as an account graphic button lacks a meaningful label.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by James Watson and is represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case demonstrates the legal exposure for businesses that fail to ensure their mobile websites are accessible to individuals with disabilities, potentially leading to ADA Title III lawsuits and demands for injunctive relief to correct accessibility barriers.

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