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ADA Website Accessibility Lawsuit: An Online Restaurant Chain

Case #FLMD-17261186 · District Court, M.D. Florida · Filed June 4, 2020

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., and LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 AAMissing Alt TextForm Field AccessibilityKeyboard NavigationScreen Reader Compatibility

Case Summary

Wanda Koehn, a visually disabled individual, initiated legal proceedings in the United States District Court for the Middle District of Florida on June 4, 2020. Her complaint targets a prominent restaurant chain, alleging its digital platform fails to provide equal access for users with visual impairments. This action seeks to compel the defendant organization to address significant accessibility deficiencies on its website, which Ms. Koehn intended to use for restaurant information and online purchases.

The lawsuit meticulously details several critical accessibility barriers encountered on the restaurant chain's website. Specifically, the plaintiff reports encountering empty forms, a significant lack of descriptive text for image content, and instances where crucial information was lost due to improper content presentation. Furthermore, essential site functionalities, such as the chat button, were rendered inaccessible, and there was an absence of adequate prompting information for online forms. The complaint also asserts that the defendant's website fails to conform to Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher, impacting the ability of visually disabled users to navigate and effectively utilize the platform.

Businesses operating online, particularly those with a nexus to physical public accommodations like a restaurant chain, face considerable legal exposure under ADA Title III if their digital assets are not fully accessible. This case underscores the imperative for entities to proactively implement comprehensive web accessibility policies, designate dedicated coordinators, and conduct regular testing to ensure compliance. Failure to provide auxiliary aids and services, such as screen reader compatibility, not only perpetuates discriminatory practices but also exposes organizations to potential injunctive relief, attorney's fees, and the mandate to undertake costly remediation efforts, as sought by Roderick V. Hannah, Esq., P.A., and Law Office of Pelayo Duran, P.A.

Case Q&A

What specific digital accessibility challenges did Wanda Koehn encounter on the restaurant chain's website?

Ms. Koehn reported several significant barriers, including non-functional empty forms, missing alternative text descriptions for images, poorly presented content that led to information loss, and inaccessible site features like the chat button. She also noted the absence of adequate prompting information for online forms and the website's general non-compliance with WCAG 2.0 Level AA standards.

Which law firms are representing the plaintiff in this ADA Title III action?

Wanda Koehn is represented by Roderick V. Hannah, Es

, P.

, and co-counsel Law Office of Pelayo Duran, P.

What broader implications does this lawsuit hold for companies offering services via both physical locations and online platforms?

This litigation highlights the critical necessity for businesses, particularly those operating both brick-and-mortar establishments and complementary websites, to ensure their digital presence meets ADA Title III accessibility standards. The case emphasizes that online platforms are often considered extensions of public accommodations, necessitating full compliance to avoid discrimination and potential legal actions for injunctive relief and associated costs.

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