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ADA Website Accessibility Lawsuit: a restaurant chain

Case # · District Court, S.D. Florida · Filed February 19, 2025

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

WCAG 2.0 Level AAInaccessible MenusScreen Reader Redirection Notification FailureIncomplete Location Information for Screen ReadersIneffective Third-Party Accessibility Widget

Case Summary

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., has filed an ADA Title III lawsuit against an online restaurant chain in the United States District Court, Southern District of Florida, on February 19, 2025. The plaintiff, a visually disabled individual using screen reader software, alleges that the defendant's website fails to provide equal access to its services and information.

The complaint details several critical WCAG violations, including inaccessible information on menus, a lack of notification for screen reader users when redirected to a third-party ordering website, incomplete relaying of location names (missing state names) for restaurants, and inaccessible restaurant location maps. Furthermore, an installed third-party accessibility widget on the website was found to be ineffective, failing to provide a viable alternative for full and equal access by blind and visually disabled persons. The website is specifically alleged not to meet WCAG 2.0 Level AA or higher standards.

This legal action underscores the ongoing risk for businesses that operate online platforms without ensuring full accessibility for disabled users. Companies with similar digital offerings, particularly those with a nexus to physical public accommodations, must proactively address these accessibility barriers to avoid potential ADA Title III lawsuits, which can result in orders for injunctive relief, attorney's fees, and significant remediation costs.

Case Q&A

What specific WCAG violations is this restaurant chain accused of?

The website is accused of having inaccessible menus, a lack of notification for screen reader users when redirected to a third-party ordering site, incomplete location information (missing state names for restaurant locations), and inaccessible map features. Additionally, an installed third-party accessibility widget was found to be ineffective, and the site does not meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

NELSON FERNANDEZ filed this lawsuit, represented by the law firms RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This creates a legal risk for companies whose websites fail to provide effective communication and equal access to visually disabled individuals, potentially resulting in ADA Title III lawsuits seeking injunctive relief and demanding significant website remediation.

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