ADA Website Accessibility Lawsuit: an entertainment restaurant chain
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff Nelson Fernandez has filed a federal lawsuit against an entertainment restaurant chain in the United States District Court Southern District of Florida on December 4, 2023. The complaint alleges that the defendant's website fails to provide equal access for visually disabled individuals, violating Title III of the Americans with Disabilities Act. Mr. Fernandez, who is visually disabled and relies on screen reader software, seeks declaratory and injunctive relief to address these accessibility barriers.
The lawsuit specifically details several WCAG violations, including mislabeled site elements such as "my account link" and "my cart", and inaccessible purchase information within the shopping cart (product size, price, and total). It further alleges that when an item was selected, a window opened, but the screen reader's cursor continued to read background information, and the quantity of items in the shopping cart was not properly communicated. Additionally, a confirmation message for item removal was not labeled correctly for screen reader software, and the website, overall, does not meet WCAG 2.0 Level AA or higher.
This case highlights the significant legal risks for businesses that operate online platforms failing to comply with ADA Title III and WCAG standards. Businesses with similar digital properties, particularly those with a nexus to physical public accommodations, are exposed to potential lawsuits, injunctions requiring website remediation, and substantial legal fees if their websites are not fully accessible to disabled users, especially those relying on assistive technologies like screen readers.
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Case Q&A
What specific WCAG violations is this entertainment restaurant operator accused of?
The website is accused of having mislabeled site elements like account and cart links, inaccessible purchase information in the shopping cart, issues with the screen reader focus order where background information is read instead of active windows, and improperly labeled confirmation messages. It is also alleged not to meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Nelson Fernandez, represented by the law firm Roderick V. Hannah, ES
, P.
, with co-counsel Law Office of Pelayo Duran, P.
What legal risk does this create?
Businesses that operate online platforms, especially those linked to physical public accommodations, face legal risks under ADA Title III if their websites are not accessible to disabled users. Such cases can result in mandates for expensive website overhauls, policy changes, and payment of legal fees.