ADA Website Accessibility Lawsuit: Hospitality Group
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff Oscar Herrera, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., filed a federal lawsuit in the United States District Court for the Southern District of Florida on December 4, 2024, alleging violations of ADA Title III against a hospitality group operating a restaurant. The complaint asserts that the website serves as a critical extension and gateway to the physical establishment, and its inaccessibility denies visually disabled individuals equal access to goods, services, and privileges.
The lawsuit details several Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA violations impacting screen reader users. These include inaccessible date pickers on forms (WCAG 2.1.1 Keyboard), a promotional pop-up that is not announced or given focus (WCAG 2.4.3 Focus Order), an inaccessible "Add Another eGift Card" button (WCAG 2.4.3 Focus Order), Instagram links that lack meaningful labels (WCAG 4.1.2 Name, Role, Value), and press articles in PDF format that are unreadable by screen reader software (WCAG 1.4.5 Images of Text).
This action highlights the significant legal risks for businesses, particularly those in the hospitality sector, whose online platforms fail to provide full and equal access to visually disabled individuals. Such non-compliance can lead to similar lawsuits seeking injunctive relief to mandate accessibility modifications, along with claims for attorney's fees, costs, and other litigation expenses under the Americans with Disabilities Act.
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Case Q&A
What specific WCAG violations is this hospitality group accused of?
The lawsuit alleges inaccessible date pickers (WCAG 2.1.1 Keyboard), a promotional pop-up lacking focus (WCAG 2.4.3 Focus Order), an inaccessible "Add Another eGift Card" button (WCAG 2.4.3 Focus Order), unlabeled Instagram links (WCAG 4.1.2 Name, Role, Value), and inaccessible PDF press articles (WCAG 1.4.5 Images of Text).
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 underscores the legal exposure for hospitality businesses and similar entities if their websites are not fully accessible to disabled users, potentially resulting in ADA Title III litigation, demands for injunctive relief, and liability for attorney's fees.