ADA Website Accessibility Lawsuit: An Online Restaurant Platform
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff OSCAR HERRERA, represented by RODERICK V. HANNAH, ESQ., P.A., filed a lawsuit against an online restaurant platform in the United States District Court, Southern District of Florida on April 29, 2025. The complaint alleges violations of Title III of the Americans with Disabilities Act (ADA) due to the inaccessibility of the online restaurant platform's website for blind and visually disabled users, thereby denying them full and equal access to its goods, services, privileges, and advantages.
The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA violations. These include inaccessible images on the “Gallery” webpage (Level A Guideline 2.1.1 – Keyboard), an inaccessible date picker on the gift card webpage (Level A Guideline 2.1.1 - Keyboard (2)), an inaccessible “Add Another eGift Card” button due to focus order issues (Level A Guideline 2.4.3 – Focus Order), error notifications that are not announced on the “Wine Club” checkout page (Level A Guideline 3.3.1 – Error Identification), thumbnail images on the “Wine Club” page that lack meaningful labels (Level A Guideline 4.1.2 - Name, Role, Value), and inaccessible images of text for the “Brunch,” “Wine List,” and “Dinner Menu” (Level AA Guideline 1.4.5 – Images of Text).
This legal action highlights the ongoing challenges faced by blind individuals attempting to access online services and information, particularly within the restaurant industry, and serves as a critical reminder for similar businesses to ensure their digital platforms comply with ADA standards. Failure to do so can lead to potential litigation, requests for injunctive relief, attorney's fees, costs, and damages, while also ensuring equal access for all users. The complaint also includes a common law tort claim for trespass related to the placement of cookies and tracking software on the user's computer without explicit knowledge or consent.
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Case Q&A
What specific WCAG violations is this online restaurant platform accused of?
The platform is accused of several WCAG 2.1 Level A and AA violations, including inaccessible images on the “Gallery” webpage, an inaccessible date picker on the gift card webpage, an inaccessible “Add Another eGift Card” button due to focus order issues, unannounced error notifications on the “Wine Club” checkout page, unlabeled thumbnail images on the “Wine Club” page, and inaccessible images of text for various menus (“Brunch,” “Wine List,” “Dinner Menu”).
Who filed this lawsuit, and which law firm?
This lawsuit was filed by OSCAR HERRERA, represented by the law firm RODERICK V. HANNAH, ES
What legal risk does this create?
This case creates a legal risk for businesses operating online platforms, particularly in the restaurant sector, regarding their compliance with ADA Title III. Failure to ensure digital accessibility, specifically adhering to WCAG standards, can lead to lawsuits seeking injunctive relief, attorney's fees, and damages, along with common law claims like trespass for tracking software.