ADA Website Accessibility Lawsuit: an online sushi restaurant
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed a lawsuit in a United States District Court against an online sushi restaurant, a Florida limited liability company. The complaint was entered on the FLSD Docket on January 28, 2025, alleging violations of Title III of the Americans with Disabilities Act due to the inaccessibility of the defendant's website to visually disabled individuals.
The lawsuit specifically alleges several WCAG violations, including: the logo, which acts as a link to the homepage, is mislabeled as the screen reader does not relay its purpose; the telephone number provided lacks a full description; text throughout the website is not labeled properly, causing the cursor to skip information and navigate to the nearest accessible link; and within the shopping cart, the option to edit or remove items is mislabeled as “no item in view”. Furthermore, the complaint asserts a lack of an "accessibility" notice, statement, or policy on the website, and the absence of a universal symbol for the disabled.
This legal action highlights the ongoing risks for businesses operating e-commerce websites that fail to comply with digital accessibility standards. Companies with websites that do not fully support screen reader software, provide clear accessibility information, or adhere to WCAG 2.0 Level AA guidelines may face similar lawsuits under ADA Title III, leading to significant legal and remedial costs to ensure full and equal access for all users.
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Case Q&A
What specific WCAG violations is this online sushi restaurant accused of?
The restaurant's website is accused of having a mislabeled logo link, an undescribed telephone number, improperly labeled text causing cursor skips, and a mislabeled "edit or remove" option in the shopping cart as “no item in view”. It also lacks an accessibility policy and a universal disabled symbol.
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 case demonstrates the legal exposure for businesses whose websites do not provide full and equal access to visually disabled individuals, emphasizing the need for robust accessibility features and clear policies to avoid ADA Title III litigation.