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ADA Website Accessibility Lawsuit: Restaurant Operator

Case # · District Court, S.D. Florida · Filed February 14, 2023

Plaintiff's Firm: J. Courtney Cunningham, PLLC

Missing Alt TextUnlabeled GraphicsImages of TextScreen Reader IncompatibilityForm Error Accessibility

Case Summary

Plaintiff James Watson has filed an ADA Title III website accessibility lawsuit against a restaurant operator in the United States District Court for the Southern District of Florida, Miami Division, on February 14, 2023.

The complaint alleges multiple WCAG 2.1 Level A and AA violations. These include failure to provide text alternatives for non-text content, specifically where pricing information was presented as an image without screen reader announcement. Further violations pertain to the lack of proper information and relationships, as specific menu sections were announced as 'unlabeled graphic' rather than their actual content. The digital platform also contained images of text, rendering menu items inaccessible by only announcing them as 'image,' and failed to provide error suggestions or announcements for form fields.

This case highlights the legal imperative for businesses, especially those operating public accommodations with integrated digital platforms, to ensure their online offerings are fully accessible to individuals with disabilities. The lawsuit underscores that even third-party vendor platforms must comply with ADA Title III, indicating that non-compliance can lead to injunctive relief, attorney's fees, and litigation costs for operators of inaccessible websites or mobile applications.

Case Q&A

What specific WCAG violations is this restaurant operator accused of?

The restaurant operator is accused of WCAG 2.1 Level A and AA violations, including missing text alternatives for image-based content, unannounced menu content (identified as 'unlabeled graphic'), use of images of text for menu items, and a lack of audible error suggestions for form submissions.

Who filed this lawsuit, and which law firm?

James Watson filed this lawsuit, represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case signifies that businesses, particularly those operating public accommodations with integrated digital platforms, face significant legal risks under ADA Title III if their websites or mobile applications are not accessible to individuals with disabilities. Non-compliance can result in demands for injunctive relief, attorney's fees, and litigation expenses.

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