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ADA Website Accessibility Lawsuit: a national restaurant chain

Case # · District Court, S.D. Florida · Filed April 30, 2024

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

WCAG 2.1 AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing Alt TextUnlabeled Interactive Elements

Case Summary

Plaintiff OSCAR HERRERA, represented by RODERICK V. HANNAH, ESQ., P.A., filed a lawsuit against a national restaurant chain in the United States District Court for the Southern District of Florida on April 30, 2024. The complaint alleges unlawful disability discrimination under Title III of the Americans with Disabilities Act (ADA) regarding the accessibility of its e-commerce website.

The lawsuit specifically cites several WCAG 2.1 Level A and AA violations. These include unlabeled graphic links announced as "blank", identical announcements for original and sale prices, improper keyboard focus order, lack of descriptive labels for links (announced as "link link"), unlabeled buttons announced only as "button", unlabeled "Cart" buttons, inaccessible names for interactive elements (announced only as "button" or "null button"), and a lack of status message announcements (e.g., when an item is added to the cart). The plaintiff also noted the absence of an accessible "accessibility" statement or clear information portal for disabled users.

This action highlights the significant legal risks faced by national restaurant chains and other public accommodations whose websites fail to comply with ADA Title III and WCAG guidelines. Businesses operating e-commerce websites with similar accessibility barriers risk litigation, potential injunctive relief mandating extensive website modifications, implementation of accessibility policies, and payment of attorney's fees and costs. Ensuring comprehensive digital accessibility is crucial to avoid discriminatory practices and legal challenges.

Case Q&A

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

The national restaurant chain is accused of WCAG 2.1 Level A and AA violations including unlabeled graphic links, identical announcements for original and sale prices, incorrect keyboard focus order, non-descriptive link labels, unlabeled buttons, inaccessible interactive element names, and missing status message announcements for screen reader users.

Who filed this lawsuit, and which law firm?

OSCAR HERRERA filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This creates a legal risk for public accommodations that operate e-commerce websites, facing potential lawsuits under ADA Title III for website inaccessibility, leading to mandates for site remediation, policy changes, and financial penalties for non-compliance with WCAG standards.

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