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ADA Website Accessibility Lawsuit: a restaurant group

Case # · District Court, S.D. Florida · Filed February 13, 2024

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

WCAG 2.4.3 Focus OrderWCAG 1.4.5 Images of TextScreen Reader IncompatibilityWCAG 3.3.1 Error IdentificationADA Title III Website Accessibility

Case Summary

Plaintiff Oscar Herrera filed an ADA Title III website accessibility lawsuit against a Florida restaurant group in the United States District Court, Southern District of Florida, on February 13, 2024.

The complaint alleges the restaurant group's e-commerce website contains numerous Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA violations. These include non-sequential focus order in catering menus and date pickers, unannounced menu items, an inaccessible carousel on the order page, unannounced error suggestions on forms, images of text lacking proper labels for promotions like "Sushi Tuesday" and "Brunch" menus, and unannounced status messages when adding items to an order. The website's "accessibility" widget/plugin was also allegedly ineffective.

Businesses operating similar e-commerce websites, particularly those with a nexus to physical public accommodations, face significant legal risk under ADA Title III if their digital platforms fail to provide full and equal access to blind and visually disabled users. This case highlights the necessity of thorough WCAG compliance, including proper screen reader compatibility and effective communication for all online services and information, to avoid claims of discrimination and ensure inclusivity.

Case Q&A

What specific WCAG violations is this online restaurant service accused of?

The lawsuit alleges violations including non-sequential focus order, unannounced menu items and date pickers, inaccessible carousels, unannounced form errors, unlabeled images of text for promotions, and unannounced status messages on order updates.

Who filed this lawsuit, and which law firm?

Oscar Herrera filed this lawsuit, represented by Roderick V. Hannah, ES

What legal risk does this create?

This creates a legal risk for other online restaurant services with physical locations if their websites are not fully accessible to disabled individuals, potentially leading to lawsuits for discriminatory practices under ADA Title III.

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