ADA Website Accessibility Lawsuit: an acai bowl and smoothie retailer
Plaintiff's Firm: Mendez Law Offices, PLLC
Case Summary
YUDY HERNANDEZ, represented by Mendez Law Offices, PLLC, has filed an ADA Title III lawsuit against an acai bowl and smoothie retailer in the United States District Court for the Southern District of Florida on April 28, 2025.
The complaint alleges numerous WCAG 2.1 Level A violations, including lack of keyboard operability for modals, navigation menus, carousels, and 'Skip to Content' links. Other issues include inconsistent and misleading focus order, missing screen reader announcements for product details, prices, selection feedback, error messages, and cup sizes in sliders. Forms are accused of failing silently when submitted with errors, and location searches fail to announce no results. Information about business addresses, delivery hours, and product prices in sliders is also allegedly missing for screen reader users. The Order page reportedly lacks bypass mechanisms, and granola option selections lack clear confirmation for screen reader users, disrupting logical focus and meaningful sequence.
This lawsuit highlights the ongoing legal risks for online food and beverage retailers and similar businesses whose websites may not be fully accessible to visually impaired users. Businesses relying on accessibility overlays, or those with complex ordering platforms, must ensure comprehensive WCAG compliance across all user journeys to avoid potential ADA Title III litigation.
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Case Q&A
What specific WCAG violations is this acai bowl and smoothie retailer accused of?
The retailer is accused of multiple WCAG 2.1 Level A violations, including lack of keyboard operability for modals, navigation menus, and carousels, inconsistent focus order, and missing screen reader announcements for product details, prices, and error messages.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by YUDY HERNANDEZ, represented by Mendez Law Offices, PLLC.
What legal risk does this create?
This case demonstrates that online businesses, particularly those with ordering platforms, face significant legal risk under ADA Title III if their digital services are not fully accessible to visually impaired users, even with accessibility overlays in place.