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ADA Website Accessibility Lawsuit: a luxury resort and health spa

Case # · District Court, S.D. Florida · Filed January 26, 2024

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

WCAG 2.0 Level AA FailureScreen Reader IncompatibilityMissing Form LabelsKeyboard Navigation BarriersInaccessible Policy Statement

Case Summary

Plaintiff NELSON FERNANDEZ, through his legal counsel, RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., has filed a federal lawsuit in the United States District Court for the Southern District of Florida on January 26, 2024, alleging violations of ADA Title III against a luxury resort and health spa.

The complaint specifically outlines several WCAG violations, including improperly labeled site functions for filters like “date”, “type”, and “vibe”, mislabeled dollar amounts for gift card purchases, and unlabeled text that caused screen reader software to skip information and navigate to the next accessible element. Additionally, the website’s “accessibility” statement was found to be ineffective and inaccessible.

This legal action highlights the critical importance for similar hospitality businesses and online service providers to ensure their digital platforms comply with ADA Title III and WCAG standards, or risk similar litigation for denying full and equal access to visually disabled users.

Case Q&A

What specific WCAG violations is this luxury resort and spa accused of?

The complaint alleges improperly labeled site functions (date, type, vibe filters), mislabeled dollar amounts for gift cards, unlabeled text throughout the website causing screen reader navigation issues, and an ineffective "accessibility" statement.

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 risk for hospitality companies if their websites fail to provide accessible experiences for disabled users, potentially leading to lawsuits under ADA Title III for discriminatory practices.

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