ADA Website Accessibility Lawsuit: a restaurant
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Plaintiff James Watson, represented by J. Courtney Cunningham, PLLC, has filed a lawsuit in the United States District Court for the Southern District of Florida, Miami Division, on February 28, 2023. The complaint alleges that the mobile website of a restaurant is not fully accessible to visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act of 1990.
The lawsuit specifically details several WCAG 2.1 Level A and AA Guideline violations, including a failure in Non-Text Content (Guideline 1.1.1), issues with Focus Order (Guideline 2.4.3) preventing users from selecting dates in reservation forms, violations concerning Labels or Instructions (Guideline 3.3.2) due to an unlabeled main menu button, and a failure in Name, Role, Value (Guideline 4.1.2) preventing access to menus, location, and private dining information. These deficiencies render the defendant's mobile website incompatible with screen reader software like Apple VoiceOver.
This litigation highlights the critical legal risk faced by restaurants and similar public accommodations that operate online platforms. Failure to ensure that digital services, such as mobile websites, are accessible to individuals with disabilities can lead to ADA Title III lawsuits, demanding injunctive relief to correct barriers, as well as recovery of attorney's fees, litigation expenses, and costs.
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Case Q&A
What specific WCAG violations is this restaurant accused of?
The restaurant is accused of violating WCAG Guideline 1.1.1 (Non-Text Content), Guideline 2.4.3 (Focus Order), Guideline 3.3.2 (Labels or Instructions), and Guideline 4.1.2 (Name, Role, Value).
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 highlights the risk for public accommodations operating mobile websites that are not fully accessible to visually impaired individuals, potentially leading to lawsuits under ADA Title III for discriminatory practices and demands for injunctive relief and attorney's fees.