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ADA Website Accessibility Lawsuit: Restaurant Mobile Website

Case # · District Court, S.D. Florida · Filed February 13, 2023

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAInfo and Relationships (1.3.1)Meaningful Sequence (1.3.2)Focus Order (2.4.3)Images of Text (1.4.5)

Case Summary

Windy Lucius has filed an ADA Title III lawsuit against a restaurant's mobile website in the United States District Court Southern District of Florida on February 13, 2023. The plaintiff alleges that the mobile website fails to provide full and equal access to visually impaired consumers, thereby violating the Americans with Disabilities Act.

The complaint specifically alleges multiple WCAG violations, including Guideline 1.3.1 (Info and Relationships) due to incorrectly labeled date pickers, Guideline 1.3.2 (Meaningful Sequence) where screen reader focus fails to move to menu popups, Guideline 2.4.3 (Focus Order) which prevents selection of future delivery dates on gift card orders, and Guideline 1.4.5 (Images of Text) where menu content is presented as an image without proper alternatives for screen readers.

This lawsuit highlights the significant legal risks faced by businesses operating digital platforms, especially those integrated with physical public accommodations, that fail to comply with ADA Title III and WCAG 2.1 Level A and AA guidelines. Companies with similar mobile websites must ensure their platforms are fully accessible to individuals with disabilities to avoid potential litigation, attorney's fees, and the mandate for injunctive relief to correct accessibility barriers.

Case Q&A

What specific WCAG violations is this restaurant mobile website accused of?

The restaurant mobile website is accused of violating WCAG Guideline 1.3.1 (Info and Relationships) for unlabeled date pickers, Guideline 1.3.2 (Meaningful Sequence) for improper screen reader focus on popups, Guideline 2.4.3 (Focus Order) for issues with date selection, and Guideline 1.4.5 (Images of Text) for inaccessible image-based menu content.

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 underscores the legal exposure for businesses whose digital platforms, particularly mobile websites connected to physical establishments, do not meet ADA Title III and WCAG accessibility standards, leading to potential lawsuits and demands for injunctive relief and attorney's fees.

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