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ADA Website Accessibility Lawsuit: an online food ordering platform

Case # · District Court, S.D. Florida · Filed December 5, 2024

Plaintiff's Firm: ACACIA BARROS, P.A.

WCAG 2.1 AAKeyboard Navigation FailureScreen Reader IncompatibilityMissing Alt TextInsufficient Color Contrast

Case Summary

Plaintiff Aishia Petersen, represented by Acacia Barros, P.A., has filed a federal lawsuit in the Southern District of Florida on December 5, 2024, alleging that a prominent online food ordering platform's website violates Title III of the Americans with Disabilities Act (ADA).

The complaint specifically details several alleged WCAG violations, including: order confirmation pop-ups lacking keyboard focus and screen-reader navigation; a "Find a Location" feature that does not work with screen-readers, skipping address, phone number, and focus; the Menu page losing focus with screen-readers and keyboard navigation; an "Add to Cart" feature that announces "dialogue" making the order uncompletable due to mislabeling; gift card page images missing alt-text descriptions; keyboard navigation in the menu page skipping information; banners without alternative text descriptions; and poor contrast in background, text, and products, along with the absence of a zoom feature. Additionally, forms with errors display messages visually but lack announcement or keyboard focus, and buttons lack proper roles and screen reader accessibility.

This action highlights the critical importance for businesses, particularly those with an e-commerce platform integrated with physical locations, to ensure their digital interfaces are fully accessible to individuals with visual impairments. Failure to comply with ADA Title III and WCAG 2.1 A accessibility standards exposes entities to legal challenges seeking permanent injunctions and substantial legal fees, emphasizing the need for robust auxiliary aids and services in digital communication.

Case Q&A

What specific WCAG violations is this online food ordering platform accused of?

The platform is accused of various WCAG violations, including order confirmation pop-ups lacking keyboard focus and screen-reader navigation, a "Find a Location" feature that skips address/phone number and lacks focus, the Menu page losing focus with screen-readers, inaccessible "Add to Cart" and checkout features due to mislabeling and unintelligible announcements, missing alt-text on gift card page images and banners, keyboard navigation issues in the menu, poor contrast, and the absence of a zoom feature.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Aishia Petersen, represented by Acacia Barros, P.

What legal risk does this create?

This lawsuit illustrates the ongoing legal risk for businesses operating e-commerce websites integrated with physical locations that fail to provide full and equal access to visually impaired individuals. Non-compliance with ADA Title III and WCAG standards can lead to injunctions, requiring costly modifications, and significant attorneys' fees and litigation expenses.

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