Nelson Fernandez v. Baba’s Halal LLC

Summary

According to the complaint, plaintiff Nelson Fernandez alleges that Baba's Halal LLC's website is not accessible to visually disabled individuals, violating the Americans with Disabilities Act (ADA). Fernandez, who is visually impaired, attempted to use the website to order food but encountered numerous barriers, including inaccessible features and a lack of an accessibility policy. He seeks a court order requiring the defendant to make the website compliant with ADA standards and to provide ongoing support for accessibility. The complaint highlights the importance of the website as a critical point of sale for the defendant's restaurants, which are also considered public accommodations under the ADA.

About the defendant

Operates a chain of restaurants selling food and beverage products, including online ordering and delivery services.

What the complaint says

The problems the plaintiff describes with the website.

• Website contains access barriers preventing use by visually disabled individuals using screen reader software.
• Inaccessible pickup time selections for orders.
• Mislabeled logo on the Website preventing screen reader software from relaying its purpose.
• Inaccessibility of all item options on the Website.
• Mislabeled crucial step in the ordering process.

Legal claims

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

• Violation of Title III of the Americans with Disabilities Act

What the plaintiff asks for

What the plaintiff wants the court to order.

• Declaratory judgment that the Website violates the ADA
• Injunctive relief to update the Website for accessibility
• Attorney’s fees and costs