Taco Bell Faces Federal Jury Trial Over Alleged ADA Violations in its Mobile App
U.S. District Judge Ursula Ungaro scheduled trial proceedings for April 2020 in Windy Lucius' suit against the fast-food chain.
October 15, 2019 at 03:38 PM
4 minute read
A disability advocate's lawsuit alleging a popular American fast-food chain has violated the Americans with Disabilities Act will proceed in federal court.
U.S. District Judge Ursula Ungaro slated trial proceedings in Windy Lucius' suit against Taco Bell of America LLC to begin April 13, 2020, in a scheduling order issued Friday. The judge also referred the parties to mediation, which is scheduled to take place in March 2020.
Lucius, who is blind, filed a complaint against Taco Bell of America in the U.S. District Court for the Southern District of Florida on Aug. 22. The suit alleges the nationwide chain's mobile app is impossible to navigate for visually impaired users and violates Title III of the ADA.
According to the complaint, Taco Bell of America's app "contains digital barriers which limit the ability of blind and visually impaired consumers to access it, even with Apple's assistive technology." The plaintiff contends the screen-reader software she uses, VoiceOver, is incompatible with the chain's app.
"Despite several attempts, defendant's app did not integrate with plaintiff's software, nor was there any function within the app to permit access for visually impaired individuals through other means," the suit said. "Her shopping attempts were rendered futile because the app was inaccessible."
Read the lawsuit:
"By failing to adequately design and program its app to accurately and sufficiently integrate with VoiceOver, defendant has discriminated against plaintiff and others with visual impairments on the basis of a disability, by denying them full and equal enjoyment of the app," the lawsuit continued.
Lucius' complaint seeks a permanent injunction against Taco Bell of America to bring its mobile app within ADA compliance, as well as seeking attorney fees and costs. She is described in the suit as "an advocate of the rights of similarly situated disabled persons" and a "tester" for determining whether derivative apps and locations are ADA-complaint.
Lucius is listed as a plaintiff in nearly 50 cases in the Southern District of Florida, and has named Chipotle Mexican Grill Inc. and Dick's Sporting Goods Inc. as defendants in ADA suits.
Taco Bell's listed legal counsel — Roig Lawyers managing partner Nelson C. Bellido and defense attorney Michael J. Chilleen with Sheppard, Mullin, Richter & Hampton's Orange County office — did not immediately return requests for comment. The answer filed in response to Lucius' complaint denied the allegations.
Lucius is being represented by J. Courtney Cunningham, a Miami-based solo practitioner who specializes in disability claims. The attorney, a former lobbyist with the Barreto, Cunningham, May, Dudley, Maloy firm, said digital ADA compliance is a must in an increasingly online world.
"She's a young person, and like most young people, she spends a lot of time online," Cunningham said regarding Lucius. "It's particularly frustrating for her when she can't use an app or a website because it's not coded to provide access for persons with disabilities."
Prior to Ungaro's scheduling order, Lucius had filed a motion to strike Taco Bell of America's demand for a jury trial. The motion said "the parties do not have the right to trial by jury in an action brought pursuant to the ADA, seeking only injunctive relief."
Cunningham said he is aware of only one ADA Title III web accessibility case, Gil v. Winn-Dixie, that has proceeded to the trial phase.
"Mediation is a standard process in federal civil litigation," he said. "The cases are routinely settled, as are the vast majority of civil cases. The quicker we can get the matter resolved, the sooner my client and others will have full accessibility."
Related stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Courts of Appeal Conflicted Over Rule 1.442(c)(3) When Claims for Damages Involve a Husband and Wife
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250