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ADA Website Accessibility Lawsuit: Fast Food Chain

Case # · District Court, S.D. Florida · Filed June 16, 2023

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.

Keyboard Navigation FailureMissing LabelsScreen Reader IncompatibilityLack of Dynamic Content AnnouncementsWCAG 2.0 Level AA Failure

Case Summary

Plaintiff NELSON FERNANDEZ, a visually impaired individual, has filed an ADA Title III digital accessibility lawsuit against a fast-food chain in the United States District Court for the Southern District of Florida on June 16, 2023.

The complaint alleges that the defendant's website contains numerous access barriers preventing full and equal use by blind and visually disabled individuals using screen reader software. Specific violations include inaccessible options when choosing a meal or restaurant locations via keyboard, lack of notification when an item is removed from a shopping cart, and an improperly labeled home page button/logo. The lawsuit further asserts that the website does not meet Web Content Accessibility Guidelines (“WCAG”) 2.0 Level AA or higher, and lacks an accessibility policy, coordinator, user testing group, bug fix priority policy, and specialized customer assistance for visually disabled users.

This litigation highlights the ongoing legal risks for online food and beverage providers, e-commerce platforms, and other businesses operating websites that are not fully accessible to disabled users. The lawsuit brought by NELSON FERNANDEZ and represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A. underscores the critical need for businesses to implement comprehensive digital accessibility measures to avoid discrimination claims under the ADA Title III.

Case Q&A

What specific WCAG violations is this fast-food chain accused of?

The fast-food chain's website is accused of having inaccessible options for meal selection and restaurant locations via keyboard navigation, lacking notification when items are removed from a shopping cart, and an improperly labeled home page button/logo. It is also alleged not to meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

NELSON FERNANDEZ filed this lawsuit, represented by RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This lawsuit creates a significant legal risk for other online food and beverage providers and e-commerce platforms that fail to ensure their websites are fully accessible to individuals with disabilities, particularly regarding keyboard navigation, screen reader compatibility, and adherence to WCAG standards.

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