ADA Website Accessibility Lawsuit: an online restaurant
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Plaintiff WINDY LUCIUS has filed an ADA Title III lawsuit against an online restaurant in the United States District Court, Southern District of Florida, on May 16, 2023. The complaint alleges that the restaurant's mobile website is not fully accessible to visually impaired consumers, thereby denying equal access to its goods and services.
The lawsuit details several WCAG 2.1 Level A and AA violations. These include unlabeled images announced as "image by the creativv," confusing navigation due to dish names and prices not being announced together, incorrect focus order leading to users hearing wrong prices in menu sections, and 'Address' links opening third-party websites without notification and disabling the back button.
This litigation highlights the critical legal risk faced by businesses, particularly those in the hospitality industry, that operate mobile websites. Failure to ensure digital accessibility for visually impaired users, even when relying on third-party vendor platforms, can result in lawsuits under ADA Title III, leading to demands for injunctive relief, attorney's fees, and litigation expenses.
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Case Q&A
What specific WCAG violations is this online restaurant accused of?
The restaurant is accused of WCAG 2.1 Level A and AA violations, including unlabeled images, dish names and prices not being announced together, incorrect focus order in menus, and address links that open new windows without notification and disable the back button.
Who filed this lawsuit, and which law firm?
WINDY LUCIUS filed this lawsuit, represented by J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create?
This creates a legal risk for other online restaurants that may not have accessible mobile websites, potentially leading to similar ADA Title III lawsuits, demands for injunctive relief, and financial liabilities for attorney's fees and litigation expenses.