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ADA Website Accessibility Lawsuit: a restaurant chain

Case # · District Court, S.D. Florida · Filed February 20, 2025

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing Descriptive TextDynamic Content Notification Failure

Case Summary

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., initiated a federal lawsuit in the Southern District of Florida on February 20, 2025. The complaint targets a restaurant chain, alleging unlawful disability discrimination in violation of Title III of the Americans with Disabilities Act due to an inaccessible website for visually disabled individuals.

The lawsuit specifically details various accessibility barriers on the website, including a mislabeled menu option, inaccessible navigation links (such as for 'menus,' 'Private Parties,' and 'locations'), food items lacking clear descriptions, and inaccessible information within the shopping cart, including unread quantity changes and the absence of notifications for item removal. Furthermore, the website allegedly failed to provide an effective accessibility statement or contact method for disabled users and did not comply with Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher versions.

This case underscores the significant legal exposure for businesses, particularly those in the restaurant industry, whose digital platforms fail to meet ADA Title III accessibility standards. Non-compliant companies risk federal litigation, demands for injunctive relief to remediate their websites, and liability for attorney's fees and costs, highlighting the critical need for comprehensive digital accessibility.

Case Q&A

What specific WCAG violations is this restaurant chain accused of?

The restaurant chain is accused of having a mislabeled menu option, inaccessible navigation links, food items without clear descriptions, inaccessible shopping cart information, unread quantity changes in the shopping cart, and a lack of notification when items are removed. The website also lacks an effective accessibility statement and 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 firm RODERICK V. HANNAH, ES

What legal risk does this create?

This creates a legal risk for businesses, especially those in the hospitality sector, whose websites are not accessible to disabled individuals under ADA Title III, potentially leading to lawsuits, demands for injunctive relief, and liability for attorney's fees.

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