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ADA Website Accessibility Lawsuit: National Bagel Franchise

Case # · District Court, S.D. Florida · Filed May 23, 2024

Plaintiff's Firm: Lauren N. Wassenberg & Associates, P.A.

WCAG 2.1 AA ComplianceMissing Image Alt TextKeyboard Navigation BarriersInsufficient Color ContrastScreen Reader Incompatibility

Case Summary

Plaintiff Phillip Charles Soloweszyk, represented by Lauren N. Wassenberg & Associates, P.A., filed a federal complaint against a national bagel franchise in the U.S. District Court for the Southern District of Florida on May 23, 2024. The lawsuit alleges violations of Title III of the Americans with Disabilities Act due to inaccessible websites.

The complaint details numerous WCAG 2.1 Level A and AA violations, including issues with ARIA roles and iframe/frame titles, missing accessible names for images, insufficient color contrast for text and interface controls, broken skip links, and improper heading mark-up. Further accessibility barriers include content that overlays with browser zoom, non-descriptive link text, and generic error messages, all hindering effective screen reader usage.

This action highlights the ongoing legal risks for businesses operating e-commerce websites and digital platforms that fail to provide full and equal access to visually impaired individuals. The lawsuit emphasizes the importance of adhering to WCAG standards and providing effective communication methods, especially for entities with a physical presence and an online point of sale, to avoid claims of discrimination and ensure compliance with federal disability laws.

Case Q&A

What specific WCAG violations is this national bagel franchise accused of?

The lawsuit alleges WCAG 2.1 Level A and AA violations including issues with ARIA roles, iframe/frame titles, missing accessible names for images, insufficient color contrast, broken skip links, and improper heading usage. Additionally, barriers include content overlays with browser zoom, non-descriptive link text, and generic error messages.

Who filed this lawsuit, and which law firm?

Phillip Charles Soloweszyk filed this lawsuit, represented by the law firm Lauren N. Wassenberg & Associates, P.

What legal risk does this create?

This lawsuit demonstrates the significant legal risk for businesses, especially those with both physical locations and e-commerce websites, if their digital platforms are not accessible to individuals with visual disabilities. Non-compliance with WCAG standards can lead to costly litigation, injunctive relief requirements, and demands for attorney's fees and costs under the AD

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