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ADA Website Accessibility Lawsuit: Seafood Restaurant

Case # · District Court, S.D. Florida · Filed November 26, 2024

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

WCAG 2.0 Level AAPDF AccessibilityMissing Alt TextKeyboard Navigation FailureScreen Reader Incompatibility

Case Summary

Plaintiff NELSON FERNANDEZ has filed an ADA Title III lawsuit against an online seafood restaurant in the United States District Court, Southern District of Florida, on November 26, 2024. The plaintiff, who is visually disabled and uses screen reader software, alleges that the website's accessibility barriers prevent him from accessing information and services offered by the establishment.

The complaint details several WCAG violations, including an inaccessible menu in PDF format, a mislabeled logo that fails to describe its purpose as a home page link, unconfirmed dollar amounts during gift card purchases, a telephone number lacking full description, and improperly labeled text that causes screen reader skips. Furthermore, the website allegedly lacks an accessibility notice or policy, and fails to meet WCAG 2.0 Level AA or higher versions of web accessibility guidelines, thereby denying the plaintiff full and equal access.

This legal action underscores the significant risk faced by businesses, particularly those in the hospitality sector, that do not ensure their digital platforms are accessible to individuals with disabilities. Failure to comply with ADA Title III requirements for web accessibility can result in injunctions, demands for extensive website modifications, and awards for attorney's fees, highlighting the necessity for proactive compliance.

Case Q&A

What specific WCAG violations is this seafood restaurant accused of?

The restaurant's website is accused of having an inaccessible menu in PDF format, a mislabeled logo link, unconfirmed gift card purchase amounts, an undescribed telephone number, and improperly labeled text that causes screen reader navigation issues. The website also reportedly lacks an accessibility policy and does not meet WCAG 2.0 Level AA standards.

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 lawsuit demonstrates the legal exposure for businesses, especially online restaurants, that fail to ensure their websites are fully accessible to disabled users under ADA Title III. Such non-compliance can result in legal action demanding injunctive relief, website modifications, and attorney's fees.

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