ADA Website Accessibility Lawsuit: an international fast-food restaurant chain
Plaintiff's Firm: Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A.
Case Summary
Oscar Herrera, a visually disabled individual, has filed an ADA Title III lawsuit against an international fast-food restaurant chain in the United States District Court for the Southern District of Florida on November 22, 2024.
The lawsuit alleges numerous WCAG 2.1 Level A and AA violations on the defendant's e-commerce website, which serves as an extension of its physical restaurants. Specific accessibility barriers include screen reader incompatibility with allergen information pop-ups (WCAG 1.3.1) and "Claim Points" webpage text (WCAG 2.1.1), inaccessible filter options on catering pages (WCAG 2.1.1), illogical focus order for navigation links (WCAG 2.4.3), and missing modification options on menu pop-ups (WCAG 2.4.3). Furthermore, the website reportedly suffers from unlabeled social media links (WCAG 2.4.4) and a lack of verbal notification for screen reader users when items are added to the cart (WCAG 4.1.3).
This action highlights the significant legal exposure for businesses whose websites are considered places of public accommodation under the ADA Title III. Such entities must ensure their digital platforms offer full and equal access to disabled users, as a failure to comply with established web accessibility guidelines can result in demands for comprehensive injunctive relief, policy reforms, and the recovery of attorney's fees and litigation costs.
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Case Q&A
What specific WCAG violations is this online food ordering platform and restaurant chain accused of?
The platform is accused of WCAG 2.1 Level A violations including screen reader incompatibility with allergen information and "Claim Points" page text, inaccessible filter options, illogical focus order for navigation and menu item modifications, unlabeled social media links, and a WCAG 2.1 Level AA violation for missing verbal notifications for screen reader users when items are added to the cart.
Who filed this lawsuit, and which law firm?
Oscar Herrera 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 that businesses operating e-commerce websites linked to physical public accommodations face legal risks under ADA Title III if their sites are not fully accessible to individuals with disabilities, particularly screen reader users. Non-compliance can lead to injunctions, mandatory policy changes, and liability for legal fees.