ADA Website Accessibility Lawsuit: Restaurant Chain
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 lawsuit in the United States District Court Southern District of Florida on August 27, 2024, against a restaurant chain, alleging unlawful disability discrimination under Title III of the Americans with Disabilities Act. The complaint focuses on the inaccessibility of the restaurant chain's website to visually disabled individuals.
The lawsuit specifically alleges numerous WCAG violations, including mislabeled site functions like the “My Account” link, a mislabeled logo acting as a link with no description, a new window close option lacking descriptive context, and an inaccessible shopping cart with pricing information. The plaintiff also claims the website lacks an accessibility notice or policy, fails to meet WCAG 2.0 Level AA standards, and exhibits issues with keyboard navigation and missing alt-text for graphics, rendering it incompatible with screen reader software.
This legal action underscores the significant legal risks for businesses, particularly those in the food and beverage industry with online ordering or informational websites linked to physical locations, that do not comply with ADA Title III and WCAG standards. Companies in similar positions could face demands for injunctive relief, mandatory website modifications, implementation of accessibility policies, regular audits, and staff training to ensure their digital platforms are fully accessible to all users.
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Case Q&A
What specific WCAG violations is this restaurant chain accused of?
The restaurant chain is accused of having mislabeled site functions, undescribed interactive elements (such as new window close options and logo links), an inaccessible shopping cart, absence of an accessibility policy, failure to meet WCAG 2.0 Level AA, missing alt-text for graphics, and keyboard navigation issues.
Who filed this lawsuit, and which law firm?
Nelson Fernandez filed this lawsuit, represented by Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This case highlights the legal exposure for businesses whose websites are not accessible to individuals with disabilities, especially when the website serves as a gateway to physical services. Such entities risk lawsuits seeking injunctive relief, mandating costly accessibility modifications, and potentially requiring ongoing monitoring and training to ensure compliance with ADA Title III and WCAG standards.