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ADA Website Accessibility Lawsuit: Restaurant Chain's Website

Case # · District Court, S.D. Florida · Filed March 15, 2024

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

Screen Reader IncompatibilityInaccessible Pop-upKeyboard Navigation FailureMissing Form LabelsWCAG 2.0 Level AA

Case Summary

Plaintiff Nelson Fernandez, represented by RODERICK V. HANNAH, ESQ., P.A., has filed a federal complaint against an international restaurant chain operating in the United States District Court for the Southern District of Florida on March 15, 2024. The lawsuit alleges unlawful disability discrimination under Title III of the Americans with Disabilities Act, focusing on the inaccessibility of the restaurant's e-commerce website for visually disabled individuals who rely on screen reader software.

The complaint details several alleged barriers preventing visually disabled users from effectively interacting with and navigating the defendant's online platform. These include an inaccessible pop-up promotion, an unusable drop-down menu for location selection, an unlabeled phone number that lacks full description when read by screen reader software, unidentifiable business hours for locations, and improperly labeled information for critical elements within the shipping cart, such as prices and order totals. The filing also states that the e-commerce website fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher versions.

This action highlights the significant legal risks faced by businesses that operate online platforms that are found to be non-compliant with ADA Title III and established accessibility standards. Organizations, particularly those with physical locations extending their services and privileges through a digital presence, are advised to ensure their online properties provide full and equal access to all disabled individuals to avoid potential litigation for discriminatory practices and to prevent ongoing harm to users.

Case Q&A

What specific WCAG violations is this international restaurant chain accused of?

The restaurant chain's website is accused of having an inaccessible pop-up, an unusable drop-down menu for location selection, an unlabeled phone number, unidentifiable business hours for locations, and improperly labeled information within the shipping cart, which results in screen reader incompatibility.

Who filed this lawsuit, and which law firm?

Nelson Fernandez filed this lawsuit, represented by RODERICK V. HANNAH, ES

What legal risk does this create?

This case creates a legal risk for companies whose websites are not accessible to disabled individuals, potentially leading to lawsuits under ADA Title III for discriminatory online practices and claims for injunctive relief, compensatory damages, and attorney's fees.

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