ADA Website Accessibility Lawsuit: a restaurant chain's online ordering platform
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, a visually and physically disabled individual, has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, on August 30, 2024, against a restaurant chain operating an online ordering platform and associated website.
The complaint alleges numerous WCAG violations, including the failure to provide descriptive purpose for new window close options, mislabeled site functions like the "my account" link, a homepage logo mislabeled simply as "link" without further explanation, and inaccessible item and pricing information within the shopping cart. Furthermore, the website's stated "accessibility" statement was not effectively accessible to visually disabled users, leading to the overall failure to meet WCAG 2.0 Level AA or higher standards.
This legal action highlights the ongoing risk for businesses operating similar online platforms and websites. Failure to ensure full and equal access for individuals with visual disabilities can lead to ADA Title III lawsuits, demanding injunctive relief, policy changes, and potential recovery of attorney's fees and litigation expenses.
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Case Q&A
What specific WCAG violations is this online restaurant service accused of?
This online restaurant service is accused of failing to meet WCAG 2.0 Level AA standards, specifically due to a lack of descriptive purpose for new window close options, mislabeled site functions and links, inaccessible item and pricing information in the shopping cart, and an ineffectively accessible "accessibility" statement page.
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 creates a legal risk for other businesses with online platforms to face ADA Title III lawsuits if their websites are not made fully accessible to visually disabled individuals, potentially resulting in court-ordered injunctions and financial liabilities for attorney's fees and costs.