ADA Website Accessibility Lawsuit: an outdoor recreation park operator
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff VICTOR ARIZA, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., filed a federal lawsuit against an outdoor recreation park operator in the United States District Court, Southern District of Florida, on January 25, 2024. The complaint primarily alleges violations of Title III of the Americans with Disabilities Act (ADA) concerning the inaccessibility of the defendant's website for blind and visually disabled users.
The lawsuit asserts that the defendant's website contains numerous access barriers, including improperly labeled text that causes screen reader software to skip information, mislabeled shopping cart and social media links with no descriptive purpose, a telephone number lacking a full description, and a mislabeled logo that fails to convey its function as a home page link. The plaintiff also claims the website lacks an accessibility notice or policy and does not comply with Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher versions.
This case highlights the significant legal exposure for businesses, particularly those in the outdoor recreation industry with an online presence, that fail to provide accessible digital platforms. Non-compliance risks not only declaratory and injunctive relief but also claims for attorney's fees, costs, and potential compensatory damages for common law trespass related to unauthorized data tracking on users' personal computers.
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Case Q&A
What specific WCAG violations is this outdoor recreation park operator accused of?
This outdoor recreation park operator is accused of having improperly labeled text, mislabeled shopping cart and social media links, an undescribed telephone number, and a mislabeled logo. The website also lacks an accessibility notice or policy and fails to meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by VICTOR ARIZA and is represented by Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This case creates a legal risk for businesses with inaccessible websites under ADA Title III, potentially leading to court orders for website updates, financial penalties, and damages for digital trespass due to unauthorized data collection.