Five Guys Case – why all sites need accessibility

Think that you can push off accessibility compliance until 2018? Better ask the Tech crew over at Five Guys why that isn’t a good plan! Five Guys Enterprises, LLC recently argued that they are in the process of updating the accessibility of their website, however; the courts identified that “they have yet to successfully do so,” which has ultimately led to their current legal trouble with the ADA. Plaintiff Lucia Markett, who is legally blind filed a lawsuits against Five Guys because she asserts that there are various access barriers on the Five Guys website. The barriers denied her full and equal access to Five Guys site, which is a violation of Title III Americans with Disabilities Act. The plaintiff is seeking compensatory damages in addition to declaratory and injunctive relief.
Five Guys filed a motion to dismiss the complaint because they argued that Title III prohibits discrimination at a physical facility and not a non-physical space, I.e., Five Guy’s website. Markett has stated a claim for relief and the defendant’s motion to dismiss was denied.
In previous blogs, ADASure has warned that courts are increasing ruling against companies for web accessibility compliance. The “Dominos” rulings are officially over as a new precedent is being established. Every company is now at risk of being sued if they are not compliant….will you be next?
Allow the experts to ensure your digital presence (websites, mobile apps, eCommerce) is 100% compliant! Reach out to us today to see how we can help protect you while helping to ensure accessibility and compliance.  (888) ADA-8605 or info@ADASure.com.
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