Nelson Fernandez v. Big Louie’s USA, Inc.

Summary

According to the complaint, plaintiff Nelson Fernandez alleges that Big Louie’s USA, Inc. discriminates against individuals with disabilities by maintaining an inaccessible website that violates the Americans with Disabilities Act (ADA). Fernandez, who is visually disabled, claims he encountered numerous barriers while attempting to use the website to order food and learn about the restaurant's offerings. He seeks declaratory and injunctive relief to compel the defendant to make the website accessible and to ensure that individuals with visual disabilities can fully participate in the services offered. The complaint cites specific access barriers and requests various forms of relief, including attorney's fees.

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.

• Defendant's website is inaccessible to visually disabled individuals using screen reader software.
• Website contains severe and pervasive access barriers preventing full use by blind individuals.
• Defendant has not implemented a Web Accessibility Policy or designated a Web Accessibility Coordinator.

Legal claims

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

• Violation of the ADA

What the plaintiff asks for

What the plaintiff wants the court to order.

• Declaratory judgment that Defendant’s Website violates the ADA
• Order requiring Defendant to update the Website for accessibility
• Order for ongoing support for web accessibility
• Order for mandatory web accessibility training for employees
• Award of reasonable attorney’s fees, costs, and expenses