ADA Website Accessibility Lawsuit: Online Restaurant Ordering
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed a federal lawsuit in the United States District Court for the Southern District of Florida on October 11, 2024. The complaint alleges disability discrimination under Title III of the Americans with Disabilities Act against an online restaurant ordering platform, which serves as an extension of and gateway to its physical restaurant.
The lawsuit specifically claims that the online restaurant ordering platform contains several accessibility barriers. These include a pick-up time selector that does not function properly, reverting to 11 a.m. automatically, a telephone number read aloud without a full description by screen reader software, inaccessible product descriptions and pricing information when browsing the menu, and a lack of confirmation messages after an item is removed from the shopping cart, all of which hinder effective communication for visually disabled users.
This action underscores the significant legal exposure for businesses, particularly those in the food service industry, that operate online ordering platforms or websites lacking full accessibility for visually disabled individuals. Companies with similar digital properties face potential litigation, demanding costly remediation efforts and legal expenses, emphasizing the critical need for proactive WCAG compliance to mitigate discrimination claims.
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Case Q&A
What specific WCAG violations is this online restaurant ordering platform accused of?
The online restaurant ordering platform is accused of having a non-functional pick-up time selector, a telephone number read aloud without a full description, inaccessible product descriptions and pricing on its menu, and a lack of confirmation messages when items are removed from the shopping cart.
Who filed this lawsuit, and which law firm?
Nelson Fernandez filed this lawsuit, represented by the law firms Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This case highlights the legal vulnerability for online businesses, especially those with transactional websites, that do not ensure their digital platforms are fully accessible to visually disabled users, potentially leading to lawsuits under the ADA and requirements for extensive accessibility modifications.