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ADA Website Accessibility Lawsuit: online plastic surgery clinic

Case # · District Court, S.D. Florida · Filed January 6, 2025

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC.

WCAG 2.1 A and AA GuidelinesKeyboard Navigation FailureBypass Blocks (Skip to Content)Link Purpose (In Context)Images of Text

Case Summary

Windy Lucius, represented by J. Courtney Cunningham, PLLC., has filed a lawsuit in the United States District Court, Southern District of Florida, Miami Division, on January 6, 2025. The plaintiff alleges that an online plastic surgery clinic operates a website that is not fully accessible to visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act. The complaint highlights the importance of digital accessibility for individuals with disabilities to access goods, services, and information.

The lawsuit specifies several WCAG 2.1 Level A and AA guideline violations. These include Keyboard accessibility issues (Guideline 2.1.1) with elements like 'Apply' buttons, slide buttons, and FAQs being skipped during tab navigation. Additionally, the 'Skip to Content' link is non-functional (Guideline 2.4.1), requiring excessive tabbing through navigation. The complaint also cites a lack of descriptive link purpose (Guideline 2.4.4) for a 'Shopping Bag graphic link' and the presence of images of text (Guideline 1.4.5), such as size charts, which are not readable by screen reader software, necessitating sighted assistance.

This legal action underscores the continuous legal risk for online businesses, particularly health care providers and those offering cosmetic services, that fail to maintain ADA-compliant websites. Businesses are obligated to ensure their digital platforms are fully accessible to disabled users, providing equal opportunity and access to online services and information, to avoid similar legal challenges and potential injunctions under ADA Title III.

Case Q&A

What specific WCAG violations is this online plastic surgery clinic accused of?

The online plastic surgery clinic is accused of Guideline 2.1.1 – Keyboard issues, Guideline 2.4.1 – Bypass Blocks issues, Guideline 2.4.4 – Link Purpose (In Context) issues, and Guideline 1.4.5 – Images of Text issues under WCAG 2.1 Level A and AA Guidelines.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This creates legal risk for online businesses, particularly those in the health care or cosmetic services industry, that fail to ensure their websites are fully accessible to individuals with visual disabilities under ADA Title III.

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