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ADA Website Accessibility Lawsuit: a restaurant chain

Case # · District Court, S.D. Florida · Filed September 18, 2024

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

WCAG 2.1 AANon-Text Content (Alt Text)Screen Reader IncompatibilityFocus Order IssuesLabels or Instructions

Case Summary

Oscar Herrera has filed an ADA Title III website accessibility lawsuit in the United States District Court Southern District of Florida on September 18, 2024, against an online food and beverage retailer operating physical restaurants.

The complaint specifically alleges several WCAG 2.1 Level A and AA violations. These include a lack of text alternatives for non-text content (Guideline 1.1.1) with an unlabeled image and an incomprehensible file name. Information, structure, and relationships (Guideline 1.3.1) are compromised by unlabeled tables lacking identifying information. The website also fails in its use of color (Guideline 1.4.1) by having unlabeled color checkmarks. Furthermore, focus order issues (Guideline 2.4.3) are cited for reservation date pickers and pop-up dialogs not receiving proper announcement or focus, and labels or instructions (Guideline 3.3.2) are inadequate with incorrectly announced buttons.

This action highlights the ongoing legal risks for online food and beverage platforms and other public accommodations whose digital interfaces fail to comply with ADA Title III and WCAG standards. Businesses must ensure their websites are fully accessible to individuals with visual disabilities, providing equal access to information, services, and transactional capabilities, or face potential litigation and costly remediation efforts.

Case Q&A

What specific WCAG violations is this online food and beverage retailer accused of?

The lawsuit alleges WCAG 2.1 Level A and AA violations including lack of text alternatives for non-text content, missing labels and identifying information for tables, improper use of color with unlabeled checkmarks, focus order issues with date pickers and pop-up dialogs, and inadequate labels or instructions for buttons.

Who filed this lawsuit, and which law firm?

Oscar Herrera filed this lawsuit, represented by RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create for similar businesses?

This lawsuit underscores the legal obligation for online food and beverage platforms and other public accommodations to ensure their websites are fully accessible to individuals with disabilities, or risk similar litigation for non-compliance with ADA Title III and WCAG standards.

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