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ADA Website Accessibility Lawsuit: Diner Restaurant Operator

Case # · District Court, S.D. Florida · Filed January 31, 2023

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AANon-Text Content Violation (1.1.1)Error Identification (3.3.1)Images of Text (1.4.5)Error Suggestion (3.3.3)

Case Summary

Plaintiff Windy Lucius has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, against a diner restaurant operator. The complaint, filed on January 31, 2023, alleges that the restaurant's mobile website is not fully accessible to visually impaired consumers.

The lawsuit specifically alleges multiple WCAG 2.1 Level A and AA violations. These include Guideline 1.1.1 for Non-Text Content, where embedded text in images is not announced by screen readers. Guideline 3.3.1 for Error Identification is also cited, as visual error cues on forms are not announced to screen reader users. Furthermore, Guideline 1.4.5, Images of Text, is violated because menu content is provided as unlabeled images, making it inaccessible. Lastly, Guideline 3.3.3 for Error Suggestion is breached, as error messages after actions like "Add to Cart" are not announced and focus is not moved to them.

This action highlights the ongoing legal risk for businesses operating online platforms, including mobile websites, that fail to comply with ADA Title III and WCAG 2.1 Level A and AA standards. The plaintiff, represented by J. Courtney Cunningham, PLLC, seeks injunctive relief to compel the defendant to make its digital presence fully accessible, ensuring equal access for individuals with visual impairments.

Case Q&A

What specific WCAG violations is this diner restaurant operator accused of?

The mobile website of the diner restaurant operator is accused of violating WCAG 2.1 Level A and AA guidelines, specifically Guideline 1.1.1 (Non-Text Content), Guideline 3.3.1 (Error Identification), Guideline 1.4.5 (Images of Text), and Guideline 3.3.3 (Error Suggestion).

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Windy Lucius, and she is represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case demonstrates the legal risk for any business whose digital platforms, such as mobile websites, are not accessible to individuals with disabilities, potentially leading to lawsuits under ADA Title III and demands for injunctive relief to enforce accessibility compliance.

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