ADA Website Accessibility Lawsuit: A Hotel Company
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff Oscar Herrera has filed a lawsuit against a hotel company in the United States District Court, Southern District of Florida, on September 11, 2024. The complaint, brought by RODERICK V. HANNAH, ESQ., P.A., alleges unlawful disability discrimination under Title III of the Americans with Disabilities Act and a common law tort claim for trespass related to the website.
The plaintiff, who is blind and relies on screen reader software, encountered numerous accessibility barriers on the defendant's website. Specific WCAG 2.1 Level A and AA violations include issues with 'Info and Relationships' (e.g., availability calendar colors not announced), 'Bypass Blocks' (focus skips 'Skip to Content'), 'Focus Order' (tab focus moves to hidden third-party links), 'Link Purpose (In Context)' (social media links announced only as 'link'), 'Error Identification' (unclear disclaimer location during booking), and 'Name, Role, Value' (carousel buttons announced as 'button', mislabeled combo boxes, and unlabeled buttons). The lawsuit also cites trespass due to the website's automatic placement of browser cookies and tracking software without the user's consent.
This case underscores the critical importance for online hospitality providers to ensure their digital platforms are fully accessible to individuals with visual disabilities, strictly adhering to WCAG standards. Non-compliance, as alleged here, can lead to federal lawsuits under the ADA seeking injunctive relief and attorney's fees, and may also expose businesses to common law tort claims for computer trespass due to unauthorized software installation or data collection.
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Case Q&A
What specific WCAG violations is this hospitality provider accused of?
This hospitality provider is accused of WCAG violations including issues with information and relationships (1.3.1), bypass blocks (2.4.1), focus order (2.4.3), link purpose (2.4.4), error identification (3.3.1), and name, role, value (4.1.2).
Who filed this lawsuit, and which law firm?
Oscar Herrera filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES
What legal risk does this create?
This case highlights the legal risk for hospitality providers whose websites are not accessible under ADA Title III, potentially leading to lawsuits demanding injunctive relief, attorney's fees, and common law claims such as trespass for unauthorized software or data collection.