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ADA Website Accessibility Lawsuit: a restaurant

Case # · District Court, S.D. Florida · Filed February 28, 2023

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AWCAG 2.1 AAScreen Reader IncompatibilityNon-Sequential Focus OrderInaccessible Images of Text

Case Summary

Plaintiff James Watson filed a lawsuit against an online restaurant platform in the United States District Court, Southern District of Florida, on February 28, 2023, alleging violations of Title III of the Americans with Disabilities Act of 1990 (ADA).

The complaint specifically alleges WCAG violations including Guideline 1.3.1 (Info and Relationships) due to incorrect menu content announcements and non-sequential focus order; Guideline 1.3.2 (Meaningful Sequence) because the focus skips main menu buttons, making navigation links inaccessible; Guideline 2.4.3 (Focus Order) which caused issues with popup announcements on the online ordering page; and Guideline 1.4.5 (Images of Text), resulting in unannounced cocktail menu content that is inaccessible to screen readers.

This case highlights the legal imperative for businesses operating digital platforms, such as online ordering or reservation systems, to ensure full accessibility for visually impaired users. Failure to comply with ADA Title III and WCAG guidelines, even through third-party vendor platforms, creates significant legal risk for similar public accommodations regarding discriminatory and unequal treatment.

Case Q&A

What specific WCAG violations is this restaurant's online platform accused of?

The restaurant's online platform is accused of violating WCAG Guideline 1.3.1 (Info and Relationships), Guideline 1.3.2 (Meaningful Sequence), Guideline 2.4.3 (Focus Order), and Guideline 1.4.5 (Images of Text).

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 creates a legal risk for other businesses in the food service industry that rely on digital platforms, emphasizing the need to ensure their websites and mobile applications are fully accessible to individuals with disabilities, or face potential ADA Title III lawsuits and claims of discriminatory practices.

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