ADA Website Accessibility Lawsuit: A Resort and Marina's Website
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit against an online hotel booking platform in the Southern District of Florida on October 8, 2024. The lawsuit was filed by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., alleging digital accessibility barriers.
The complaint details several WCAG violations, including the inability to select dates beyond the default when attempting to check in, an improperly labeled calendar of events that hinders screen reader integration, and pervasive improperly labeled text that causes screen readers to skip vital information and jump to other elements. Furthermore, the website reportedly lacks a functional "accessibility" statement or accessible contact information for disabled users and does not meet WCAG 2.0 Level AA or higher standards.
This legal action underscores the significant risk faced by businesses whose websites serve as an extension of or gateway to a physical public accommodation. Companies that fail to implement robust web accessibility policies, conduct thorough accessibility testing, and provide effective auxiliary aids and services risk ADA Title III litigation, which can lead to court orders for injunctive relief, payment of attorney's fees, and other costs associated with denying equal access to disabled individuals.
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Case Q&A
What specific WCAG violations is this resort and marina website accused of?
The website is accused of having an improperly labeled calendar of events, improperly labeled text that causes navigation issues for screen readers, and an inability to select dates past the default for check-ins. It also lacks an accessible "accessibility" statement and does not meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
Plaintiff 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 businesses with websites acting as extensions of physical public accommodations. Failure to provide equal access through digital platforms, including not meeting WCAG standards or having an accessible support system for disabled users, can lead to ADA Title III lawsuits, demanding injunctive relief and financial penalties.