Can we count your visit?

Our analytics service records the pages you view, so we can see which ones are useful. It saves a random ID in your browser, and we never use it for advertising. Read our privacy policy.

Kevin Orcel v. Blue Sunday Bar & Grill Linden, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Kevin Orcel, a visually-impaired individual, is suing Blue Sunday Bar & Grill Linden, LLC for failing to make its website accessible under the Americans with Disabilities Act (ADA). Orcel alleges that he encountered multiple barriers while trying to access the website to make a reservation, which prevented him from enjoying the same services as sighted individuals. The complaint cites specific access issues such as missing alt-text and unclear labels for interactive elements. Orcel seeks a permanent injunction requiring the defendant to comply with WCAG 2.1 guidelines and to ensure that the website is accessible to blind users. The case is filed as a class action on behalf of all legally blind individuals who have faced similar issues.

About the defendant

A bar and grill offering a full menu of meals, beverages, and on-site dining services with a focus on casual dining and hosting guests for sit-down meals.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant’s website is not equally accessible to blind and visually impaired consumers.
  • Plaintiff was denied the ability to make a reservation due to access barriers on the website.
  • Defendant failed to construct and maintain a website that is sufficiently intuitive for visually impaired individuals.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
  • A declaration that Defendant’s website discriminates against the blind and fails to provide access for persons with disabilities.
  • Payment of nominal damages.
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.