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ADA Website Accessibility Lawsuit: An Online Japanese Noodle Restaurant Service

Case #FLMD-64389254 · District Court, M.D. Florida · Filed July 25, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 2.1 AWCAG 2.1 AAMissing Alt TextUnlabeled Form ElementsImproper Focus OrderScreen Reader Incompatibility

Case Summary

Plaintiff James Watson, a legally blind Florida resident, initiated legal action against an online Japanese noodle restaurant service. The lawsuit, filed in the United States District Court, Middle District of Florida on July 25, 2022, alleges that the restaurant's mobile website discriminates against individuals with disabilities, preventing full and equal access to its offerings under Title III of the Americans with Disabilities Act. This complaint highlights the ongoing challenges visually impaired individuals face in navigating digital platforms integral to public accommodations.

The plaintiff's complaint specifically outlines several critical violations of WCAG 2.1 Level A and AA Guidelines. These include a failure to provide text alternatives for non-text content, with unlabeled images announced generically by screen readers, such as “BEN underscore 9064 dot jpg image.” Furthermore, an “I” icon next to the location field on the online order form lacked a label, hindering access to crucial address and timing information. A significant focus order violation was also identified, where popup displays for adding menu items, including quantity fields and modifiers, were not announced by VoiceOver, causing the screen reader's focus to remain on the underlying product page, thus impeding the completion of orders. Lastly, an “event popup” on the homepage was not announced, and focus did not shift to it, indicating a violation of Guideline 4.1.2 Name, Role, Value.

This legal filing underscores a pervasive risk for numerous businesses operating digital platforms that serve as extensions of their physical public accommodations. Companies relying on mobile websites for services like menu selection and online ordering, whether self-developed or managed by third-party vendors, bear a non-delegable duty to ensure accessibility for all users. Failure to comply with ADA Title III and WCAG standards can lead to costly litigation, reputational damage, and, more importantly, perpetuates the exclusion of disabled individuals from essential goods and services, emphasizing the necessity of proactive digital accessibility measures.

Case Q&A

What accessibility failures were identified on the mobile website?

The mobile website exhibited several WCAG violations, including missing text alternatives for non-text content, unlabeled informational icons, incorrect focus order that prevented screen readers from recognizing pop-up menus for ordering, and unannounced event popups.

Who filed this particular lawsuit and which legal firm represents them?

James Watson, a legally blind individual, brought this action. He is represented by J. Courtney Cunningham, PLLC.

What broader implications does this case suggest for businesses with online presences?

This case highlights that businesses offering goods and services through mobile websites linked to physical public accommodations have a non-delegable duty under ADA Title III to ensure those digital platforms are accessible. Non-compliance, even through third-party vendors, can lead to legal challenges.

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