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ADA Website Accessibility Lawsuit: Restaurant Operator

Case # · District Court, S.D. Florida · Filed February 21, 2024

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

WCAG 2.0 Level AAScreen Reader IncompatibilityInaccessible PDF MenusMissing Form LabelsKeyboard Navigation Failure

Case Summary

Plaintiff NELSON FERNANDEZ has filed a federal lawsuit in a Florida federal court against a restaurant operator on February 21, 2024, alleging violations of ADA Title III due to an inaccessible e-commerce website. The plaintiff, who is visually disabled due to Relapsing-Remitting Multiple Sclerosis, relies on screen reader software to navigate online content but was unable to effectively use the defendant's website.

The complaint details several specific WCAG violations, including improperly labeled text, menus provided in inaccessible PDF format that screen readers skip, improperly labeled contact information (physical address and phone number), an unlabeled logon link, and an inaccessible 'amount' selection within the gift card purchasing section. Furthermore, the website reportedly lacks an accessibility notice, policy, or a universal disabled symbol to guide users with disabilities.

This lawsuit underscores the critical legal obligation for all businesses, especially those operating restaurants with an online presence, to ensure their digital platforms are fully accessible to individuals with disabilities. Failure to provide effective communication and equal access to goods and services through their websites can result in costly litigation under the Americans with Disabilities Act, requiring significant modifications and policy changes.

Case Q&A

What specific WCAG violations is this restaurant accused of?

The restaurant's website is accused of having improperly labeled text, menus in inaccessible PDF format, issues with screen reader navigation of contact information, an unlabeled logon link, and an inaccessible gift card purchase option. It also lacks an accessibility statement or universal disabled logo.

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 creates a legal risk for other businesses, particularly those in the restaurant industry with an online presence, if their websites are not compliant with ADA Title III and accessible to individuals with visual disabilities using screen reader software.

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