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ADA Website Accessibility Lawsuit: a restaurant chain operator

Case # · District Court, S.D. Florida · Filed January 18, 2024

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

WCAG 2.0 Level AA FailureScreen Reader IncompatibilityKeyboard Navigation FailureInaccessible Online FormsIneffective Accessibility Widget

Case Summary

Plaintiff NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit against a restaurant chain operator in the United States District Court for the Southern District of Florida on January 18, 2024. The complaint alleges that the restaurant chain's website contains numerous access barriers that prevent blind and visually disabled individuals from full and equal use, violating the Americans with Disabilities Act.

Specific WCAG violations cited include inaccessible online ordering options for item selections (e.g., sides, meat type), inaccessible pickup time selections, and the lack of screen reader notifications when items are removed from the shopping cart. Furthermore, the plaintiff alleges the defendant's website fails to meet WCAG 2.0 Level AA or higher standards, lacks an effective accessibility widget, and has not implemented a web accessibility policy, coordinator, testing group, or specialized customer assistance for visually disabled users.

This legal action highlights the ongoing risk for restaurant chain operators and similar businesses whose websites are not fully compliant with ADA Title III and WCAG standards. Non-compliance can lead to federal lawsuits seeking injunctive relief, attorney's fees, and costs, emphasizing the critical need for comprehensive digital accessibility to ensure equal access for all users.

Case Q&A

What specific WCAG violations is this restaurant chain operator accused of?

The restaurant chain operator is accused of having inaccessible online ordering and pickup time options, lacking screen reader notifications for shopping cart changes, failing to meet WCAG 2.0 Level AA standards, and having an ineffective accessibility widget.

Who filed this lawsuit, and which law firm?

NELSON FERNANDEZ filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This lawsuit creates a legal risk for other restaurant chain operators and businesses with online presence, demonstrating that non-compliant websites can lead to federal litigation, demands for injunctive relief to remediate accessibility issues, and financial penalties including attorney's fees and costs.

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