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ADA Website Accessibility Lawsuit: Fast-Food Chain

Case # · District Court, S.D. Florida · Filed February 3, 2023

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 Level AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing NotificationsInaccessible Form Elements

Case Summary

Plaintiff VICTOR ARIZA has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, against a fast-food restaurant chain on February 3, 2023. The complaint alleges unlawful disability discrimination due to the inaccessibility of the defendant's website to blind and visually disabled individuals.

The complaint specifically details several digital accessibility barriers encountered by Mr. Ariza while attempting to use the website with screen reader software. These include inaccessible options for editing meal sides with no notification of editability, inaccessible item names when purchasing meals, and inaccessible details for items in the shopping bag such as price, subtotal, and tax. Additionally, the website fails to provide notification when an item is removed from the shopping cart, lacks an effectively accessible 'accessibility' statement or contact information for disabled users, and does not meet WCAG 2.0 Level AA standards or higher.

This lawsuit highlights the ongoing legal risks for online food service providers and other e-commerce businesses whose websites are not fully accessible to individuals with disabilities. It underscores the necessity for all digital platforms to comply with ADA Title III requirements, specifically by implementing features that ensure effective communication and equal access for screen reader users, or face similar legal challenges and potential injunctions.

Case Q&A

What specific WCAG violations is this fast-food chain accused of?

The lawsuit alleges various WCAG violations including inaccessible options for editing meal sides, lack of notification for changes, inaccessible item names, and unreadable shopping bag details for screen reader users. The website also reportedly fails to meet WCAG 2.0 Level AA standards and lacks an effectively accessible accessibility statement.

Who filed this lawsuit, and which law firm?

VICTOR ARIZA filed this lawsuit, represented by RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This lawsuit signals that online food service platforms and similar businesses face significant legal risks under ADA Title III if their websites are not fully accessible to individuals with visual disabilities using screen reader technology. Failure to provide effective communication and equal access can lead to injunctions and compensatory damages.

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