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ADA Website Accessibility Lawsuit: a Restaurant Chain

Case # · District Court, S.D. Florida · Filed December 26, 2023

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 Level AAKeyboard Navigation FailureScreen Reader IncompatibilityMislabeled Form ElementsDynamic Content Accessibility Issues

Case Summary

Plaintiff NELSON FERNANDEZ 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 26, 2023.

The complaint alleges that the e-commerce website contains numerous access barriers preventing visually disabled individuals from full and equal use. Specifically, these barriers include inaccessible date selections and "select a date and time" options for keyboard and screen reader users, mislabeled options such as "unchecked group" for food selections, a lack of notifications within the shopping cart regarding item quantity changes or removals, and inaccessible preset amounts for gift card purchases. The lawsuit claims the defendant's digital platform fails to meet WCAG 2.0 Level AA standards.

This litigation highlights the significant legal risks faced by businesses operating websites that are not fully accessible to individuals with disabilities. Companies in the restaurant and food service industry must ensure their online platforms comply with ADA Title III and WCAG standards to avoid similar lawsuits and ensure equal access for all customers.

Case Q&A

What specific WCAG violations is this online restaurant accused of?

The online platform is accused of having inaccessible date selections for keyboard users, an inaccessible "select a date and time" option for screen reader users, mislabeled options (e.g., "unchecked group"), a lack of shopping cart notifications for item changes or removals, and inaccessible preset gift card amounts. The website also allegedly fails to meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

Nelson Fernandez filed this lawsuit, represented by Roderick V. Hannah, ES

, P.

and Law Office of Pelayo Duran, P.

What legal risk does this create?

This case demonstrates the legal exposure for businesses whose websites do not provide full and equal access to visually disabled users, risking litigation under ADA Title III. It underscores the necessity for online food and beverage services to implement comprehensive web accessibility policies and standards.

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