ADA Website Accessibility Lawsuit: a Peruvian kitchen restaurant
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Plaintiff Windy Lucius has filed a lawsuit in the United States District Court, Southern District of Florida, on February 8, 2023, against an online Peruvian kitchen restaurant. The complaint alleges violations of Title III of the Americans with Disabilities Act, citing inaccessibility of the restaurant's mobile website to visually impaired users.
The complaint details several WCAG 2.1 Level A and AA violations. These include issues with non-text content (Guideline 1.1.1) due to incorrectly labeled graphic buttons for menus, information and relationships (Guideline 1.3.1) where online ordering location buttons lack proper labels, and meaningful sequence (Guideline 1.3.2) as tab controls for menu sections do not function with screen readers. Additionally, focus order (Guideline 2.4.3) is violated because pop-ups for time selections are not announced, labels or instructions (Guideline 3.3.2) are missing for the search button, and name, role, value (Guideline 4.1.2) errors are present for quantity fields and buttons.
This legal action highlights the significant risk for businesses, particularly those in the restaurant industry operating digital platforms, that fail to ensure their mobile websites are fully accessible to individuals with disabilities. Non-compliance with ADA Title III and WCAG standards can lead to federal lawsuits, demands for injunctive relief to modify digital properties, and financial liabilities including attorney's fees and litigation expenses.
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Case Q&A
What specific WCAG violations is this Peruvian kitchen restaurant accused of?
The restaurant is accused of WCAG 2.1 Level A and AA violations including Non-Text Content (1.1.1), Info and Relationships (1.3.1), Meaningful Sequence (1.3.2), Focus Order (2.4.3), Labels or Instructions (3.3.2), and Name, Role, Value (4.1.2).
Who filed this lawsuit, and which law firm?
Windy Lucius filed this lawsuit, represented by the law firm J. Courtney Cunningham, PLLC.
What legal risk does this create?
This lawsuit demonstrates the legal risk for businesses, particularly those with online ordering or reservation systems, that do not ensure their digital platforms are accessible to users with disabilities. Failure to comply with ADA Title III and WCAG standards can result in federal litigation seeking injunctive relief and attorney's fees.