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ADA Website Accessibility Lawsuit: Restaurant Mobile Website

Case # · District Court, S.D. Florida · Filed February 23, 2023

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 1.3.2 Meaningful SequenceWCAG 2.4.3 Focus OrderWCAG 4.1.2 Name Role ValueWCAG 1.4.5 Images of TextScreen Reader Incompatibility

Case Summary

Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, Miami Division, on February 23, 2023, against a restaurant operating a mobile website.

The complaint specifically alleges violations of WCAG 2.1 Level A and AA Guidelines, including Guideline 1.3.2 (Meaningful Sequence) where afterpay popups were not announced, and Guideline 2.4.3 (Focus Order) as 'Sign In/Sign up' popups failed to receive focus. Further violations include Guideline 4.1.2 (Name, Role, Value) where an account graphic button was misidentified as non-interactive 'image' then 'person' instead of 'Button', and Guideline 1.4.5 (Images of Text) because a catering menu was presented solely as an unannounced image.

This action highlights the ongoing legal risk for businesses operating online services that fail to comply with ADA Title III and WCAG standards. Businesses with similar digital platforms, particularly those in the food service industry offering online ordering, gift cards, or loyalty programs via mobile websites, should assess their accessibility to prevent similar lawsuits and ensure full and equal enjoyment of their goods and services for all users.

Case Q&A

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

The lawsuit alleges violations of WCAG 2.1 Level A and AA Guidelines, including issues with Meaningful Sequence (1.3.2), Focus Order (2.4.3), Name, Role, Value (4.1.2), and Images of Text (1.4.5).

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Plaintiff Windy Lucius and is represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This lawsuit indicates a significant legal risk for businesses, especially those in the food service sector, that offer online services via mobile websites without ensuring compliance with ADA Title III and WCAG accessibility standards.

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