Lucius v. Islamorada Fish Company, L.L.C.

Summary

On February 15, 2021, Windy Lucius filed a Complaint in Florida Federal court against Islamorada Fish Company, L.L.C.,. Plaintiff Windy Lucius alleges that www.islamoradafishco.com is not accessible.

About the defendant

Islamorada Fish Company, L.L.C., is a seafood restaurant with locations in California, Virginia, and Florida.

What the complaint says

The problems the plaintiff describes with the website.

• the Location selector at the top of the Locations page always announces the California locations regardless if a user selects California, Florida, or Virginia. For example, if the Florida option is selected, the Florida locations are brought into view but not announced. When users navigate to the locations, the California locations are announced instead of Florida.
• Interactive elements, such as buttons and links, are required to be accessible by Tab key navigation. The online ordering button is not announced when navigating with the Tab key. Users must switch to Arrow key navigation immediately after the MapIt button is announced in order to hear the "Order with GrubHub" button.
• A promotional pop-up is displayed on the homepage, but it is not announced to screen reader users nor can they navigate into this pop-up so they cannot hear the special prices. The Event Booklet PDF has multiple accessibility issues including the first page which is announced as an unlabeled graphic, the Tab order is not set so users cannot utilize Tab key navigation and focus skips elements. For example, page six shows the Entrees and prices in the red box but this is skipped completely. Users can only hear the COVID announcement at the bottom of the page.
• The Order with Grubhub button is announced only as "Order Online." The Grubhub text is not announced whereas the other buttons each announce the location from which the food is ordered such as UberEats and DoorDash

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.

• The Court issue a declaratory judgment that determines that the defendant’s website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• the court issue a declaratory judgment that determines that the defendant’s website is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• The Court issue a Declaratory Judgment that Defendant has violated the ADA by failing to monitor and maintain its website to ensure that it is readily accessible to and usable by persons with vision impairment
• That this Court issue an Order directing Defendant to alter its website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA
• That this Court enter an Order directing Defendant to evaluate and neutralize its policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendant to undertake and complete corrective procedures
• That this Court enter an Order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by visually impaired individuals
• An award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205
• Such other relief as the Court deems just and proper, and/or is allowable under Title III of the Americans with Disabilities Act.