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ADA Website Accessibility Lawsuit: a restaurant's mobile ordering website

Case # · District Court, S.D. Florida · Filed March 7, 2023

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 Level A and AAMeaningful Sequence (1.3.2)Keyboard Navigation Failure (2.1.1)Focus Order Violation (2.4.3)Missing NameRoleValue (4.1.2)Status Messages Unannounced (4.1.3)

Case Summary

Plaintiff James Watson, a visually impaired individual, has filed an ADA Title III lawsuit in the Southern District of Florida on March 7, 2023, against a restaurant operating a mobile website. The plaintiff is represented by J. Courtney Cunningham, PLLC.

The complaint alleges that the mobile website violates several WCAG 2.1 Level A and AA Guidelines. Specific violations include Guideline 1.3.2 (Meaningful Sequence) due to nonsequential focus order and incorrect price announcements; Guideline 2.1.1 (Keyboard) where map pins are unlabelled and not in the tab order; Guideline 2.4.3 (Focus Order) as a homepage popup is unannounced; Guideline 4.1.2 (Name, Role, Value) with multiple unlabeled buttons; and Guideline 4.1.3 (Status Messages) because confirmation messages for adding items to a cart are not announced.

This legal action highlights the significant risk for businesses, particularly those in the food service industry, operating digital platforms that fail to ensure full and equal access for users with disabilities. Such non-compliance can lead to demands for injunctive relief, attorney's fees, and litigation expenses, underscoring the necessity for robust digital accessibility practices.

Case Q&A

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

The platform is accused of violating WCAG 1.3.2 (Meaningful Sequence) due to nonsequential focus order and incorrect price announcements; WCAG 2.1.1 (Keyboard) with unlabelled and untabbed map pins; WCAG 2.4.3 (Focus Order) because of an unannounced homepage popup; WCAG 4.1.2 (Name, Role, Value) with multiple unlabeled buttons; and WCAG 4.1.3 (Status Messages) as cart confirmation messages are not announced.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This case signifies a legal risk for restaurants and similar businesses that operate mobile websites, emphasizing the need for their digital platforms to comply with ADA Title III and WCAG guidelines to avoid lawsuits, injunctive relief, and associated legal costs.

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