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ADA Website Accessibility Lawsuit: a restaurant's online presence

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

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

WCAG 2.1 AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing Image Alternative TextMeaningful Sequence Errors

Case Summary

Plaintiff OSCAR HERRERA, represented by RODERICK V. HANNAH, ESQ., P.A., has filed a lawsuit in the United States District Court, Southern District of Florida, on March 19, 2025, against an online restaurant service for alleged violations of ADA Title III regarding its website accessibility. The plaintiff, who is blind and uses screen reader software, alleges that the defendant's website contains numerous access barriers that prevent him from fully and equally utilizing its services.

The complaint details several specific WCAG 2.1 Level A and AA violations, including issues with meaningful sequence for PDF menus (Event Menu and Regular Menu), keyboard inaccessibility for "Menu" and "Order Now" links on the website and elements on the gift card webpage (e.g., date picker, "Add Another eGift Card" button), incorrect focus order on the online ordering webpage, and lack of descriptive names, roles, and values for interactive elements like clickable images on "Parties" and "Casa Latina" webpages, and category buttons on the online ordering webpage. Furthermore, inaccessible "Brunch" and "Casa Latina" menus, presented as images of text, prevent screen readers from announcing their content.

This legal action highlights the ongoing risks for businesses operating online platforms, particularly those with a physical nexus, if their websites fail to meet established accessibility standards, potentially leading to similar lawsuits and the need for comprehensive remediation to ensure full and equal access for individuals with disabilities.

Case Q&A

What specific WCAG violations is this restaurant's online presence accused of?

The restaurant's online presence is accused of WCAG 2.1 Level A and AA violations including meaningful sequence errors in PDF menus, keyboard navigation failures for critical links and form elements, improper focus order, and missing descriptive labels for interactive images and buttons. Additionally, images of text are used for menus, rendering them inaccessible to screen readers.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Oscar Herrera and is represented by Roderick V. Hannah, Es

What legal risk does this create?

This creates a legal risk for businesses with online platforms, especially those tied to physical locations, of facing similar ADA Title III lawsuits if their websites do not provide full and equal access to individuals with disabilities, requiring significant remediation efforts.

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