Breeze v. Sonia Hospitality Corporation

Summary

On January 4, 2019, Byron Breeze, Jr. filed a Complaint in New Jersey Federal court against Sonia Hospitality Corporation . Plaintiff Byron Breeze, Jr. alleges that www.empireinnsuites.com/index.php is not accessible.

About the defendant

Sonia Hospitality Corporation owns and operates the Empire Inn & Suites hotel located in Absecon, New Jersey.

What the complaint says

The problems the plaintiff describes with the website.

• The Website homepage says nothing about the accessibility of the Hotel, the rooms or the Hotel amenities
• A page entitled reservations lists available guestrooms types but does not include any details about what accessible features the rooms have.
• The book now functions do not include an option to search for ADA accessible rooms
• There is no ability to book an accessible room at any point prior to payment, and there is no filter on the search page with options for accessible rooms or features

Legal claims

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

• Violation of the Americans with Disabilities Act
• Violation of the New Jersey Law Against Discrimination

What the plaintiff asks for

What the plaintiff wants the court to order.

• Certify a Class, as that term is defined hereinabove
• A declaration that the Website (and other online reservation platforms, as applicable) is owned, leased, operated, and/or controlled by Defendant is in violation of the ADA, and/or NJLAD
• Temporary and permanent injunctive relief enjoining Defendant from continuing its discriminatory practices, including the requirement that Defendant permanently implement policies, practices, procedures, including online content, consistent with the mandates of the 2010 ADAAG Standards on its Website (and other online reservation platforms, as applicable)
• Temporary and permanent injunctive relief enjoining Defendant from maintaining or controlling content on any website through which it is offering online reservations for any hotel that it owns or operates, unless such website and online reservation system fully comply with 28 C.F.R. §36.302(e)(l);
• An award of reasonable attorneys’ fees, costs, disbursements and other expenses associated with this action, in favor of Plaintiff and the Class
• An award of compensatory damages deemed just and appropriate pursuant to NJLAD, to Plaintiff and the Class
• Such other and further relief as this Court deems just, necessary and appropriate under the circumstances