ADA Website Accessibility Lawsuit: A Restaurant Chain Franchisor
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff VICTOR ARIZA, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., filed a federal lawsuit on November 30, 2023, in the United States District Court for the Southern District of Florida. The complaint alleges that a restaurant chain franchisor's website is not accessible to visually disabled users, constituting unlawful disability discrimination under Title III of the Americans with Disabilities Act.
The lawsuit specifies several alleged WCAG violations, including improperly labeled text that caused the cursor to skip information, improperly labeled gift card designs, and a lack of notification when an item's quantity was adjusted in the shopping cart. Additionally, critical information within the shopping cart, such as item prices, discounts, and subtotals, was reportedly not labeled for screen reader software integration. The complaint further states that the e-commerce website lacks a useful accessibility statement and fails to meet WCAG 2.0 Level AA standards.
This case underscores the legal vulnerability for similar businesses, particularly those operating public accommodations with an online presence, if their digital platforms fail to meet accessibility standards. Such non-compliance can lead to federal litigation, demands for injunctive relief to remediate access barriers, and the recovery of attorney's fees and costs, highlighting the necessity for robust digital accessibility policies and implementation.
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Case Q&A
What specific WCAG violations is this restaurant chain franchisor accused of?
The defendant is accused of having improperly labeled text, a cursor that skips information, improperly labeled gift card designs, a lack of notification for quantity changes in the shopping cart, and unlabeled shopping cart information (prices, discounts, subtotals). The website also fails to meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Victor Ariza, and he is represented by Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This case demonstrates the ongoing legal risk for businesses operating public accommodations that maintain inaccessible websites, potentially leading to federal lawsuits under ADA Title III, demands for injunctive relief, and significant legal costs.