ADA Website Accessibility Lawsuit: Online Restaurant and Food Service
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff VICTOR ARIZA, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed an ADA Title III website accessibility lawsuit against an online restaurant and food service in the United States District Court for the Southern District of Florida on June 28, 2024. The plaintiff, who is blind and uses screen reader software, alleges that the defendant's website fails to provide full and equal access, thereby discriminating against visually disabled individuals.
The complaint details several exact WCAG violations on the e-commerce website, including poor labeling and inaccessible pop-up text for promotional offers, improperly labeled text that causes the screen reader cursor to skip information, an undescribed telephone number read only as "number," improperly labeled dish descriptions and pricing information that are inaccessible via keyboard navigation, and a product quantity selection feature that is not properly integrated with screen reader software. The plaintiff also notes the absence of an effective accessibility statement or policy and states the website does not meet WCAG 2.0 Level AA or higher standards.
This lawsuit highlights the ongoing legal risk for similar businesses operating websites that act as a nexus to their physical places of public accommodation. Companies offering online services, ordering, and information must ensure their digital platforms comply with ADA Title III and WCAG guidelines to avoid potential litigation, which can result in demands for declaratory judgments, injunctive relief, attorney's fees, and mandates for extensive website remediation and policy overhauls.
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Case Q&A
What specific WCAG violations is this online restaurant and food service accused of?
The online platform is accused of poor labeling, inaccessible pop-up text, improperly labeled text causing cursor skips, an undescribed telephone number, inaccessible dish descriptions and pricing information via keyboard navigation, and a faulty product quantity selection feature.
Who filed this lawsuit, and which law firm?
VICTOR ARIZA 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 businesses with websites that serve as a nexus to their physical public accommodations, highlighting the necessity for digital accessibility to avoid ADA Title III lawsuits, injunctive relief, and mandates for website remediation.