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ADA Website Accessibility Lawsuit: Online Restaurant Services

Case # · District Court, S.D. Florida · Filed September 13, 2024

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AA FailureScreen Reader IncompatibilityKeyboard Navigation FailureMissing Accessibility Statement/PolicyInformation Structure Issues

Case Summary

Plaintiff Nelson Fernandez, represented by Roderick V. Hannah, Esq., P.A., filed a federal lawsuit in the Southern District of Florida on September 13, 2024, alleging that an online restaurant's website is not fully accessible to visually disabled individuals.

The complaint details several accessibility barriers, including improperly labeled text leading to cursor skips, screen reader software skipping gift card amount options, inaccessible address, telephone, and email information in the footer, and inaccessible hours and days of operation information. It further alleges the absence of an accessibility notice, policy, coordinator, testing group, bug fix priority policy, automated testing program, specialized customer assistance line, and a dedicated page for disabled individuals. The e-commerce website is also alleged not to meet WCAG 2.0 Level AA or higher.

This action highlights the ongoing legal risks for businesses, especially those in the food and beverage industry, that operate websites not compliant with ADA Title III. Such entities may face lawsuits if their digital platforms, which serve as extensions of their physical establishments, deny full and equal access to visually disabled users, underscoring the necessity of comprehensive web accessibility.

Case Q&A

What specific WCAG violations is this online restaurant accused of?

The online restaurant is accused of having improperly labeled text, screen reader software skipping gift card amount options, inaccessible address, telephone, and email information, and inaccessible hours and days of operation information. It also lacks an accessibility notice, policy, coordinator, testing group, bug fix priority policy, automated testing, and a dedicated customer assistance line for disabled users, and does not meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

Nelson Fernandez filed this lawsuit, represented by Roderick V. Hannah, Es

What legal risk does this create?

This case demonstrates the legal risk for online businesses, particularly those with physical locations, if their websites are not fully accessible to visually disabled individuals. Non-compliant digital platforms that serve as extensions of public accommodations can lead to federal lawsuits under ADA Title III, requiring costly remediation and legal fees.

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