ADA Website Accessibility Lawsuit: a Cuban American bakery chain

Plaintiff Windy Lucius has filed an ADA Title III lawsuit against a Cuban American bakery chain in the United States District Court for the Southern District of Florida on April 14, 2023. The complaint, represented by J. Courtney Cunningham, PLLC., alleges that the defendant's e-commerce platform is not fully accessible to and independently usable by visually impaired consumers, including Ms. Lucius, who uses JAWS Screen Reader software.

The lawsuit details several WCAG 2.1 Level A and AA violations impacting screen reader users. These include a failure to announce non-text content such as "Guranteed SAFE Checkout" images, a violated focus order where a promo popup is not announced, issues with labels or instructions where the cart icon and search button are misannounced, and the account profile icon is not announced. Furthermore, multiple unlabeled elements on product pages, like rating icons, and hero images with unannounced text content, lead to an inaccessible shopping experience for users with visual impairments.

This action highlights significant legal risks for similar businesses operating e-commerce platforms that fail to comply with ADA Title III and WCAG standards. Companies in the retail and food service sectors, particularly those with an online presence, must ensure their digital offerings are fully accessible to individuals with disabilities to avoid potential litigation, maintain equal access for all customers, and mitigate the risk of continuous legal exposure for discriminatory practices.