Cotto v. Rosati’s Franchising Inc.
Filed
Case details
- Defendant’s website
Summary
On May 6, 2019, Cesar Cotto filed a Complaint in Illinois Federal court against Rosati's Franchising Inc.. Plaintiff Cesar Cotto alleges that www.myrosatis.com is not accessible per the WCAG 2.0 accessibility standard(s).
About the defendant
Rosati's Pizza is a Chicago-based Italian food and pizza restaurant.
What the complaint says
The problems the plaintiff describes with the website.
- Plaintiff found unlabeled buttons and links prevented him from navigating the website
- Plaintiff also found at least one cursor trap that prevented him from navigating the website
- Plaintiff encountered multiple pages that contained insufficient navigational headings, requiring Plaintiff to expend a substantial amount of time to access information
- Plaintiff was unable to browse the menu because menu links and descriptions were inaccessible to screen reading technology
- Plaintiff was unable to place an order for pickup because of an inaccessible checkout system
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Violations of the Americans with Disabilities Act
What the plaintiff asks for
What the plaintiff wants the court to order.
- A preliminary and permanent injunction enjoining Defendant from violating the UCRA, Civil Code § 51 et seq, with respect to its website
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make its website readily accessible to and usable by blind and visuallyimpaired individuals
- An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code
- An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist. LEXIS 150740 (USDC Cal, E.D. 2016)
- For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a)
- For prejudgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as this Court deems just and proper