ADA Website Accessibility Lawsuit: a restaurant group
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit in the United States District Court for the Southern District of Florida on January 18, 2024, against a Florida limited liability company that owns and operates multiple restaurants.
The complaint alleges several critical web accessibility barriers, including an improperly labeled calendar causing cursor jumps, a non-functioning reservation link that yielded a generic error message, and an inaccessible menu provided as a downloadable PDF. Additionally, the telephone number lacked a full description, text was improperly labeled leading to navigation issues, and the defendant's accessibility statement and third-party widget were ineffective, failing to meet WCAG 2.0 Level AA or higher standards for web accessibility.
This case highlights the ongoing legal risks faced by online businesses, particularly those with a nexus to physical public accommodations, that fail to ensure their digital platforms are fully accessible to visually disabled individuals using screen reader software. Businesses in the hospitality sector must ensure their websites offer full and equal access to information, services, and transactions to avoid similar ADA Title III litigation.
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Case Q&A
What specific WCAG violations is this restaurant group accused of?
Improperly labeled calendar causing cursor jumps, non-functioning reservation links, inaccessible menu as a PDF, lack of full description for telephone numbers, improperly labeled text leading to navigation issues, and ineffective accessibility statements/widgets.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This case underscores the necessity for hospitality businesses with online presences to ensure their websites are fully accessible to individuals with visual disabilities, as non-compliance can lead to ADA Title III lawsuits and demands for injunctive relief and attorney's fees.