ADA Website Accessibility Lawsuit: a national pizza restaurant chain
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., filed a federal lawsuit in the United States District Court, Southern District of Florida on October 31, 2023, alleging that a national pizza restaurant chain's website discriminates against individuals with visual disabilities under Title III of the Americans with Disabilities Act. The plaintiff, who has a visual disability requiring screen reader software, claims the website is inaccessible, thereby denying full and equal access to its services and physical locations.
The complaint specifically alleges several barriers including an inaccessible option for day and time of pick up when navigating with a keyboard, inaccessible menu items causing the cursor to jump past ordering items, improperly labeled text leading the cursor to skip information, no confirmation when quantity is increased in the shopping cart, and inaccessible pricing within the shopping cart. Furthermore, the website lacks an accessibility notice or contact information for disabled users and does not conform to WCAG 2.0 Level AA or higher versions.
This action underscores the legal imperative for all businesses operating public-facing websites to ensure digital accessibility for users with disabilities. Companies with similar online platforms must proactively identify and remediate accessibility barriers, particularly those impacting screen reader users and keyboard navigation, to avoid potential ADA Title III litigation and ensure compliance with federal anti-discrimination laws.
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Case Q&A
What specific WCAG violations is this national pizza restaurant chain accused of?
The lawsuit alleges several digital accessibility barriers, including an inaccessible option for day and time of pick up with keyboard navigation, inaccessible menu items that cause screen reader cursors to skip content, improperly labeled text, a lack of confirmation when increasing shopping cart quantity, and inaccessible pricing within the shopping cart. The platform also lacks an accessibility policy or contact information and does not meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
Plaintiff NELSON FERNANDEZ filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES
What legal risk does this create?
This lawsuit highlights the significant legal risk for businesses with online platforms that fail to provide equal access to individuals with visual disabilities. It emphasizes the need for companies to ensure their websites are fully navigable and comprehensible via assistive technologies like screen readers to prevent ADA Title III litigation and comply with accessibility regulations.