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ADA Website Accessibility Lawsuit: an upscale dining group

Case # · District Court, S.D. Florida · Filed January 24, 2024

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

WCAG 2.0 Level AAKeyboard Navigation FailureScreen Reader IncompatibilityMissing Alt TextInaccessible Links

Case Summary

Plaintiff NELSON FERNANDEZ has filed a lawsuit in the United States District Court for the Southern District of Florida on January 23, 2024, alleging that an upscale dining group's website discriminates against visually impaired individuals under ADA Title III.

The complaint specifically outlines several accessibility barriers: loss of functionality at the main menu header when using a keyboard, a mislabeled logo acting as a homepage link without relaying its purpose to screen readers, missing descriptive text for gift card images making summaries inaccessible, and inaccessible text on a footer link when navigating with a keyboard. An "accessibility" widget/application was also found to be ineffective in providing equal access.

This action highlights the significant legal risks faced by businesses that fail to ensure their digital platforms are fully accessible to individuals with disabilities, potentially leading to injunctive relief, compensatory damages, and attorney's fees under the Americans with Disabilities Act.

Case Q&A

What specific WCAG violations is this upscale dining group accused of?

The complaint alleges loss of functionality at the main menu header with keyboard navigation, a mislabeled logo with no screen reader description, missing descriptive text for gift card images, and inaccessible text on a footer link. An "accessibility" widget/application was also found ineffective.

Who filed this lawsuit, and which law firm?

Plaintiff NELSON FERNANDEZ filed the lawsuit, represented by RODERICK V. HANNAH, ES

What legal risk does this create?

This case demonstrates the legal risk to businesses of facing lawsuits, injunctive relief, and monetary damages if their websites do not comply with ADA Title III accessibility standards for disabled users.

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