ADA Website Accessibility Lawsuit: online restaurant business
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed a federal lawsuit in the Southern District of Florida on July 10, 2024, against an online restaurant business, alleging violations of Title III of the Americans with Disabilities Act. The complaint was filed by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
The lawsuit claims the website has numerous access barriers that prevent visually disabled individuals from fully using it with screen reader software. These include inaccessible information about hours of operation, a telephone number lacking a full description, improperly labeled text causing cursor skips, and an ineffective third-party "accessibility" widget/plugin. The complaint specifically states that the website fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher.
This legal action highlights the critical importance for online businesses, especially those with a nexus to physical public accommodations, to ensure their digital platforms are fully accessible. Failure to comply with ADA Title III and WCAG standards creates legal exposure, requiring companies to implement comprehensive accessibility policies, conduct regular audits, and provide effective communication for all users, including those with visual disabilities.
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Case Q&A
What specific WCAG violations is this online restaurant business accused of?
The online restaurant business is accused of inaccessible information regarding hours of operation, a telephone number lacking a full description for screen readers, improperly labeled text causing cursor skips, an ineffective accessibility widget/plugin, and generally not meeting WCAG 2.0 Level AA or higher standards.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by NELSON FERNANDEZ, represented by the law firms RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This creates a legal risk for online businesses that operate websites connected to physical public accommodations. It underscores the need for these businesses to ensure their websites are fully accessible to individuals with disabilities, especially those using screen readers, to avoid ADA Title III lawsuits and potential court-ordered injunctive relief and policy changes.