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ADA Website Accessibility Lawsuit: an online food and beverage retailer

Case # · District Court, S.D. Florida · Filed December 11, 2023

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 1.1.1 Non-Text ContentWCAG 1.3.1 Info and RelationshipsWCAG 2.1.1 Keyboard AccessibilityWCAG 2.4.1 Bypass BlocksWCAG 1.4.3 Contrast (Minimum)

Case Summary

Oscar Herrera, represented by Roderick V. Hannah, Esq., P.A., has filed an ADA Title III website accessibility lawsuit against an online food and beverage retailer in the United States District Court for the Southern District of Florida on December 11, 2023. The complaint alleges that the retailer's website contains numerous access barriers, preventing blind and visually disabled individuals from fully accessing its services.

The alleged WCAG violations include missing non-text content announcements for promotional images, unannounced gift card form elements, illogical focus sequence, unlabeled location names and map pins, lack of a "Skip to Main Content" link, unannounced and unfocused popups, unlabeled video and social media links, insufficient contrast ratio for text, images of text without accessible alternatives, and absent visible keyboard focus for interactive elements.

This action highlights the significant legal risks faced by businesses operating websites that do not adhere to ADA Title III and WCAG standards, particularly those with a nexus to physical public accommodations, emphasizing the need for comprehensive digital accessibility to avoid discrimination claims and costly litigation.

Case Q&A

What specific WCAG violations is this online food and beverage retailer accused of?

The retailer is accused of numerous WCAG violations, including missing non-text content announcements for images, unannounced interactive elements, illogical focus order, unlabeled links and map pins, the absence of a "Skip to Main Content" link, unannounced pop-ups, insufficient text contrast, images of text without accessible alternatives, and a lack of visible keyboard focus for all elements.

Who filed this lawsuit, and which law firm?

Oscar Herrera filed this lawsuit, represented by the law firm Roderick V. Hannah, Es

What legal risk does this create?

This case demonstrates the ongoing legal risk for businesses whose websites are not fully accessible to disabled users, potentially leading to lawsuits under ADA Title III for discrimination and demands for injunctive relief to remediate digital barriers.

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