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ADA Website Accessibility Lawsuit: Museum and Gardens

Case # · District Court, S.D. Florida · Filed February 2, 2024

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AAScreen Reader IncompatibilityKeyboard Navigation FailureFocus Order ViolationInaccessible PDF Content

Case Summary

Windy Lucius has filed an ADA Title III lawsuit in the United States District Court for the Southern District of Florida, Miami Division, on February 2, 2024, alleging that an online cultural institution's website is not fully accessible to visually impaired consumers. The plaintiff, who is legally blind and uses JAWS Screen Reader software, claims the website denies her equal access to information, goods, and services, similar to those enjoyed by sighted users.

The complaint outlines several specific WCAG 2.1 Level A and AA violations. These include an inaccessible map PDF where designs and legends are not announced, a 'Tickets' button on a registration page that lacks focus and announcement, and critical keyboard navigation failures preventing date selection for general admissions. Further issues involve a violated focus order that skips 'Sign In' and 'Cart' buttons, and unannounced error messages on various forms, leading to screen reader incompatibility and an inability to understand submission failures.

This litigation underscores the significant legal risks faced by businesses and cultural institutions that operate websites failing to comply with digital accessibility standards. Such non-compliance can result in federal lawsuits seeking injunctive relief to mandate website alterations for accessibility, along with demands for attorney's fees and litigation expenses, thereby affecting their operations and public perception.

Case Q&A

What specific WCAG violations is this cultural institution accused of?

The complaint alleges violations including inaccessible PDF maps with unannounced designs, a 'Tickets' button that fails to receive focus, keyboard navigation issues preventing date selection, incorrect focus order skipping critical buttons, and unannounced error messages on forms and admissions pages.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This lawsuit highlights the ongoing legal risk for online cultural institutions and businesses offering online services. Non-compliance with WCAG guidelines can lead to ADA Title III lawsuits, demanding injunctive relief to remediate inaccessible digital platforms and potentially requiring payment of attorney's fees and costs.

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