ADA Website Accessibility Lawsuit: an online bakery and restaurant chain
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff Enrique Alvear, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., filed a lawsuit in the United States District Court for the Southern District of Florida on December 13, 2023. The complaint alleges that the defendant, an online bakery and restaurant chain, has a website that violates Title III of the Americans with Disabilities Act due to numerous accessibility barriers for blind individuals.
The lawsuit specifically identifies several Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA violations. These include unannounced text present on images (WCAG 1.1.1), an unclearly labeled graphic link (WCAG 1.3.1), an inaccessible date picker (WCAG 2.1.1), a home page carousel without stop/pause/hide controls (WCAG 2.2.2), the lack of a "Skip to Main content" link (WCAG 2.4.1), non-sequential keyboard focus order (WCAG 2.4.3), links that redirect to new tabs without notification (WCAG 2.4.4), insufficient contrast ratio for error message text (WCAG 1.4.3), and unannounced text embedded within images (WCAG 1.4.5).
This case underscores the ongoing legal risk for businesses with digital platforms that fail to comply with ADA Title III and WCAG standards. Companies in the retail and food service industries, especially those offering online ordering, information, and loyalty programs, must ensure their websites are fully accessible to visually disabled users to avoid potential discrimination lawsuits, demands for injunctive relief, and claims for attorney's fees and costs.
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Case Q&A
What specific WCAG violations is this online bakery and restaurant chain accused of?
The online bakery and restaurant chain is accused of violations including unannounced text on images, unclearly labeled graphic links, an inaccessible date picker, an auto-rotating carousel without controls, missing "Skip to Main content" links, non-sequential keyboard focus order, unnotified new tab redirections, insufficient contrast ratios for text, and unannounced embedded text in images.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Enrique Alvear, 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 highlights the significant legal exposure for businesses whose websites are not fully accessible to individuals with visual disabilities, risking ADA Title III lawsuits, demands for injunctive relief to remediate digital barriers, and liability for the plaintiff's attorney's fees and costs.