Petersen v. Blaze Pizza LLC

Summary

On January 18, 2021, Aishia Petersen filed a Complaint in Florida Federal court against BLAZE PIZZA LLC.. Plaintiff Aishia Petersen alleges that www.blazepizza.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

About the defendant

Blaze Pizza is a chain of dine-in. carryout, and delivery pizza restaurants.

What the complaint says

The problems the plaintiff describes with the website.

• The bottom “Menu Bar” has five tabs (Rewards, Gift Card, Order, News and More) used to navigate the app, but all are inaccessible by screen- reader since there are no id label description (navigation and focus issue).
• The “Order” tab when the user clicks, every time takes you to Location permission (showed in the screen), but is not announced, thus blind user doesn’t know that he/she has to click ok to continue to “Order”.
• Also, when user de-select a topping it is not announced so blind user does not know when he/she clicked in the right area to de-select.
• Banners and images have no audio (label for screen-reader).
• At checkout-preferences, pickup date and time elements are focus as a single element and cannot be selected in the drop down by Voiceover users.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• 42 USC 12182 Americans with Disabilities Act

What the plaintiff asks for

What the plaintiff wants the court to order.

• That the Court issue a Declaratory Judgment that determines that the Defendants' website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• That the Court enter an Order directing Defendants to continually update and maintain their computer version of the defendant’s website and Jo-Ann’s website to ensure that it remains fully accessible to and usable by visually impaired individuals;
• That the Court issue an Injunctive relief order directing Defendant to alter their website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA;
• That the Court enter an Order directing Defendant to evaluate and neutralize their policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendants to undertake and complete corrective procedures;
• That the Court enter an award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205; and Title III of the ADA Section 36.505.