ADA Website Accessibility Lawsuit: a Florida restaurant
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff Oscar Herrera, represented by Roderick V. Hannah, Esq., P.A., filed a lawsuit in the United States District Court, Southern District of Florida, on November 11, 2024. The complaint alleges that the defendant, a Florida for-profit corporation operating a restaurant, maintains a website that is inaccessible to visually disabled individuals, thereby violating ADA Title III.
The complaint specifically details several WCAG violations, including inaccessible date pickers and scheduling for keyboard-only users (WCAG 2.1.1), a keyboard trap in the navigation submenu (WCAG 2.1.2), disordered tab focus leading to inaccessible dialogs (WCAG 2.4.3), and issues with elements changing on focus, making menus inaccessible to screen readers (WCAG 3.2.1). Additionally, the website featured images of text on promotional pop-ups that could not be read by screen reader software (WCAG 1.4.5 AA).
This legal action underscores the significant risk for businesses, particularly those in the restaurant industry, whose websites serve as public accommodations or extensions of physical establishments. Failure to comply with ADA Title III and WCAG guidelines can lead to lawsuits seeking declaratory judgment, injunctive relief to remediate accessibility barriers, and recovery of attorney's fees and litigation expenses.
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Case Q&A
What specific WCAG violations is this Florida restaurant accused of?
The complaint alleges violations including keyboard navigation failures for date pickers and scheduling, a keyboard trap in the navigation, disordered tab focus making content inaccessible, elements changing on focus to hide menu information from screen readers, and the use of images of text on promotional pop-ups that are not accessible to screen reader software, violating WCAG 2.1 Level A and A
Who filed this lawsuit, and which law firm?
Oscar Herrera filed this lawsuit, and is represented by Roderick V. Hannah, Es
What legal risk does this create?
This case highlights the legal exposure for businesses whose websites function as places of public accommodation, emphasizing the necessity of digital accessibility to avoid lawsuits seeking injunctive relief, remediation, and the recovery of attorney's fees under ADA Title III.