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ADA Website Accessibility Lawsuit: online restaurant and juice bar

Case # · District Court, S.D. Florida · Filed March 26, 2025

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

WCAG 2.1 Level AKeyboard Navigation FailureMissing Video AlternativesImproper Focus OrderMissing Form Field Labels

Case Summary

Plaintiff OSCAR HERRERA, represented by RODERICK V. HANNAH, ESQ., P.A., filed a federal lawsuit in the United States District Court, Southern District of Florida on March 26, 2025, alleging that an online restaurant and juice bar's website discriminates against disabled individuals by not being accessible. The complaint asserts that the website acts as a critical point of sale and gateway to the physical restaurant, making its inaccessibility a violation of ADA Title III.

The lawsuit specifically identifies multiple violations of the Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA. These include a lack of alternative descriptions for video content (Guideline 1.2.1), inaccessible chat widgets and "Order Online" links due to keyboard navigation failures (Guideline 2.1.1), collapsed navigation links and submenus that are not keyboard accessible (Guideline 2.1.1), inaccessible FAQs (Guideline 2.1.1), improper focus order for carousels and pop-ups (Guideline 2.4.3), unlabeled links on the homepage and in the footer (Guideline 2.4.4), and unlabeled interactive elements on customization pop-ups and forms (Guideline 4.1.2). These barriers prevent screen reader users from effectively communicating with and navigating the website.

This action highlights the significant legal risks faced by businesses operating online platforms that are not fully accessible to individuals with disabilities. Companies in the food and beverage industry, or any public accommodation with a web presence, must ensure their digital services comply with ADA Title III and WCAG standards to avoid similar litigation and to provide equal access to all potential customers.

Case Q&A

What specific WCAG violations is this online food and beverage website accused of?

The lawsuit alleges violations including missing alternative descriptions for video, inaccessible chat widgets and "Order Online" links, keyboard navigation failures on collapsed menus and FAQs, improper focus order for carousels and pop-ups, unlabeled links, and unlabeled interactive elements on customization pop-ups and forms.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Oscar Herrera, represented by Roderick V. Hannah, Es

What legal risk does this create?

This case underscores the legal liability for online food and beverage retailers and other public accommodations whose websites are not accessible to disabled users, potentially leading to lawsuits seeking injunctive relief, attorney's fees, and costs under ADA Title III for discriminatory practices.

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