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ADA Website Accessibility Lawsuit: a national casual dining restaurant chain

Case # · District Court, S.D. Florida · Filed March 28, 2024

Plaintiff's Firm: Mendez Law Offices, PLLC and Adams & Associates, P.A.

WCAG 2.1 AA ComplianceMeaningful Sequence Failure (1.3.2)Keyboard Focus Order (2.4.3)Contrast Ratio (1.4.3)Error Identification (3.3.1)

Case Summary

ARANTZA ESPINOZA, represented by Mendez Law Offices, PLLC and Adams & Associates, P.A., has filed a federal lawsuit in the United States District Court for the Southern District of Florida on March 28, 2024. The complaint alleges that a national casual dining restaurant chain operating an e-commerce website failed to provide an accessible online experience for visually impaired users.

The complaint details numerous Web Content Accessibility Guidelines (WCAG) violations, including issues with 'Meaningful Sequence' (1.3.2 Level A), 'Focus Order' (2.4.3 Level A), 'Contrast (Minimum)' (1.4.3 Level AA), and 'Error Identification' (3.3.1 Level A). These failures resulted in inaccessible modals (for free delivery, promotions, and GDPR notices), non-functional locator features, and significant barriers during login, password reset, account creation, and checkout processes, including inability to add credit or gift card information.

This lawsuit highlights significant legal risks for businesses operating e-commerce platforms that fail to comply with ADA Title III and WCAG standards. Companies in the retail and hospitality sectors, particularly those with online ordering and customer account functionalities, face potential litigation and liability if their websites do not ensure full and equal access for individuals with disabilities, including those using screen reader software.

Case Q&A

What specific WCAG violations is this online ordering platform accused of?

The lawsuit alleges violations of WCAG 2.1 A and AA standards, including failures in meaningful sequence (1.3.2), focus order (2.4.3), minimum contrast (1.4.3), and error identification (3.3.1). These issues specifically impacted various modals, account management, and checkout processes.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by ARANTZA ESPINOZA, and she is represented by Mendez Law Offices, PLLC and Adams & Associates, P.

What legal risk does this create?

This case underscores the ongoing legal exposure for any online business, particularly those in the e-commerce and service industries, that do not prioritize digital accessibility. Non-compliance with ADA Title III and WCAG standards can lead to costly litigation and demands for injunctive relief to remediate inaccessible website features.

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