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Kevin Orcel v. Crabbae, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Kevin Orcel, a visually-impaired individual, is suing Crabbae, LLC for failing to make its website, www.crabbae.com, accessible under the Americans with Disabilities Act (ADA). Orcel alleges that he encountered numerous barriers while attempting to place an online food order, which prevented him from accessing the website's services. The complaint cites specific access issues such as missing alt-text and unclear labels for interactive elements. Orcel seeks a permanent injunction requiring Crabbae to comply with WCAG 2.1 guidelines and to implement changes that would make the website accessible to blind users. The lawsuit is filed as a class action on behalf of all legally blind individuals who have faced similar issues.

About the defendant

An online platform for a seafood restaurant specializing in crab-centered meals, seafood boils, platters, sides, and signature sauces, offering online ordering and menu information.

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 place an online food order 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 preliminary and permanent injunction requiring Defendant to make its website fully compliant with the ADA.
  • A declaration that Defendant’s website discriminates against the blind and fails to provide access for persons with disabilities.
  • An order certifying the Class and appointing Plaintiff as Class Representative.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • 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.