Taco Bell restaurant. Photo: David Tonelson/Shutterstock.com Taco Bell restaurant. Photo: David Tonelson/Shutterstock.com

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."