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ADA Website Accessibility Lawsuit: an online restaurant and sub shop

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

Plaintiff's Firm: Mendez Law Offices, PLLC and Adams & Associates, P.A.

WCAG 2.1 AAKeyboard Navigation FailureMissing Text AlternativesError Identification IssuesBypass Blocks Absence

Case Summary

Plaintiff, ALEJANDRO ESPINOZA, represented by Mendez Law Offices, PLLC and Adams & Associates, P.A., filed a federal complaint in the United States District Court, Southern District of Florida on February 19, 2025, alleging discrimination under Title III of the Americans with Disabilities Act against an online restaurant and sub shop. The plaintiff, who is visually impaired and uses screen reader software, claims the defendant's website is inaccessible.

The lawsuit details multiple WCAG 2.1 Level A violations, including keyboard operability issues preventing navigation of main menus, sign-in/sign-up forms, payment forms, and menu items (2.1.1 Keyboard). Other alleged barriers include a lack of text alternatives for non-text content, particularly social media buttons (1.1.1 Non-text Content), a failure to provide clear error identification messages for invalid input in forms (3.3.1 Error Identification), absence of bypass mechanisms for repeated content blocks (2.4.1 Bypass Blocks), and incorrect programmatic sequence (1.3.2 Meaningful Sequence) and name, role, value for user interface components (4.1.2 Name, Role, Value).

This action highlights significant legal risks for similar online food service providers and e-commerce websites if their digital platforms fail to meet WCAG standards, potentially leading to lawsuits for injunctive relief, damages, and attorney's fees under the ADA Title III. Businesses are urged to conduct comprehensive accessibility audits to ensure compliance and prevent such litigation.

Case Q&A

What specific WCAG violations is this online restaurant and sub shop accused of?

The complaint alleges WCAG 2.1 Level A violations including 2.1.1 Keyboard (inability to operate menus, forms), 1.1.1 Non-text Content (missing descriptions for social media buttons), 3.3.1 Error Identification (unclear error messages in forms), 2.4.1 Bypass Blocks (no skip links), 1.3.2 Meaningful Sequence, and 4.1.2 Name, Role, Value (issues with product customization and store lists).

Who filed this lawsuit, and which law firm?

ALEJANDRO ESPINOZA filed this lawsuit, represented by Mendez Law Offices, PLLC and Adams & Associates, P.

What legal risk does this create?

This case underscores the legal exposure for digital platforms that do not ensure full accessibility for disabled users, potentially facing demands for injunctive relief, compliance updates, and financial compensation under ADA Title III.

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