ADA Website Accessibility Lawsuit: An Online Restaurant Portal
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., 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., has filed a federal lawsuit in the United States District Court, Southern District of Florida, on October 30, 2024. The complaint alleges that an online restaurant portal violates Title III of the Americans with Disabilities Act due to its inaccessibility for visually disabled users.
The lawsuit specifically cites numerous accessibility barriers, including unlabeled social media links, improperly labeled information within carousels, a telephone number lacking a full description, a mislabeled logo acting as a link to the homepage, and inaccessible item name and price details within the shopping cart when navigated with screen reader software. Furthermore, the complaint states that the online restaurant portal fails to meet WCAG 2.0 Level AA standards and lacks essential accessibility infrastructure such as a web accessibility policy, a designated coordinator, a user accessibility testing group, and a bug fix priority policy.
This case underscores the significant legal exposure for businesses operating digital platforms that do not comply with federal accessibility standards. Companies in the food and beverage industry, or any public accommodation providing services online, risk similar litigation, potential injunctions, and substantial legal fees if their websites are not fully accessible to individuals with disabilities, thereby denying them equal access to goods and services.
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Case Q&A
What specific WCAG violations is this online restaurant portal accused of?
The online restaurant portal is accused of having unlabeled social media links, improperly labeled carousel information, a telephone number without a full description, a mislabeled logo link to the homepage, and inaccessible item name and price in the shopping cart for screen readers. It also allegedly fails to meet WCAG 2.0 Level AA standards and lacks a web accessibility policy, coordinator, testing group, and bug fix priority policy.
Who filed this lawsuit, and which law firm?
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 case demonstrates the legal vulnerability of businesses whose websites lack proper accessibility features under ADA Title III. Such entities face lawsuits, demands for injunctive relief to modify their digital platforms, and potential financial liabilities for attorney's fees and costs.