Nelson Fernandez v. Benihana, Inc.

Summary

According to the complaint, Nelson Fernandez is suing Benihana, Inc. for alleged violations of the Americans with Disabilities Act due to accessibility barriers on their website, which he claims prevent visually disabled individuals from effectively using it. Fernandez, who is visually impaired, asserts that he encountered numerous issues while attempting to navigate the site, including unclear descriptions for images and buttons, and difficulties with keyboard navigation. He seeks a declaration that the website is in violation of the ADA, along with injunctive relief to ensure it becomes accessible, as well as attorney's fees. The complaint highlights the importance of the website for accessing information about Benihana's physical restaurants and their offerings.

About the defendant

Operates a chain of Japanese themed restaurants selling food and beverage products, allowing online reservations, orders, and promotions.

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.
• Images and buttons lack clear descriptions for screen readers.
• Keyboard navigation is difficult in menus and reservation tools.

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