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Kevin Orcel v. Cinnaholic Franchising, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Kevin Orcel, a visually-impaired individual, is suing Cinnaholic Franchising, LLC for failing to make its website, www.cinnaholic.com, accessible to blind users as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to order cinnamon rolls online, including missing alt-text and unclear labels for interactive elements. He seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure that visually-impaired individuals can independently use the website. The complaint also seeks class certification for all legally blind individuals who have faced similar issues with the website.

About the defendant

Offers gourmet cinnamon rolls, customizable toppings, cookie dough, brownies, and other sweet treats, along with options for online ordering, catering, and local pickup.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually impaired individuals.
  • Plaintiff was denied the ability to order a cinnamon roll due to website barriers.
  • Defendant has failed to comply with WCAG 2.1 guidelines.

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 ADA.
  • An order requiring Defendant to make its website fully compliant with the ADA.
  • 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.