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ADA Website Accessibility Lawsuit: Restaurant Website

Case # · District Court, S.D. Florida · Filed October 22, 2024

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 Level AA ComplianceScreen Reader IncompatibilityMislabeled UI ElementsKeyboard Navigation IssuesInaccessible Forms/Data

Case Summary

Plaintiff NELSON FERNANDEZ has filed a federal lawsuit in the United States District Court for the Southern District of Florida on October 22, 2024, alleging that an online restaurant ordering platform fails to comply with ADA Title III digital accessibility standards. The complaint asserts that the plaintiff, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., experienced significant access barriers while attempting to use the website.

The lawsuit specifically details several WCAG violations on the online platform, including a mislabeled logo that functions as a link for navigating to the home page, unnavigable pricing information when browsing products, and inaccessible location information such as the address, phone number, and business hours. These issues reportedly prevent screen reader software users from effectively navigating and understanding the site's content, thereby denying equal access to information and services.

This action highlights the ongoing legal risks for businesses operating online platforms, particularly those linked to physical public accommodations. Companies that fail to implement and maintain comprehensive web accessibility, including features like screen reader compatibility and clear navigation, may face similar litigation and be required to undertake extensive corrective measures, legal fees, and ongoing monitoring to ensure compliance with federal disability laws.

Case Q&A

What specific WCAG violations is this restaurant's website accused of?

The restaurant's website is accused of having a mislabeled logo that functions as a link for navigation, unnavigable pricing information when browsing products, and inaccessible location information such as address, phone number, and business hours.

Who filed this lawsuit, and which law firm?

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

, P.

and Law Office of Pelayo Duran, P.

What legal risk does this create?

This case signifies that online platforms serving as extensions of physical businesses must adhere to ADA Title III requirements. Businesses without accessible websites face potential lawsuits, mandatory injunctions for website modifications, legal costs, and the requirement to implement comprehensive accessibility policies and training.

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