Lucius v. Nusret Holdings USA, LLC

Summary

On May 18, 2020, Windy Lucius filed a Complaint in Florida Federal court against Nusret Holdings USA, LLC . Plaintiff Windy Lucius alleges that www.nusr-et.com.tr is not accessible.

About the defendant

Nusret Holdings USA, LLC owns and operates the Nusr-ET Steakhouse restaurants.

What the complaint says

The problems the plaintiff describes with the website.

• Numerous portions of the website do not interface with and are not readable by SRS
• The list of the restaurants is not accessible.
• A user who presses the Restaurant button will not be notified that the list of locations has been displayed nor can they navigate to this section.
• Skip navigation is not available.
• Much of the information on this website is difficult to obtain for blind users due to the way the system responds.
• The reservation system is not accessible to blind users.

Legal claims

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

• Title III of the Americans with Disabiltities Act

What the plaintiff asks for

What the plaintiff wants the court to order.

• The Court issue a Declaratory Judgment that determinesthat 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 determinesthat theDefendant’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 within 45 days of the Court entering an order
• 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
• That this Honorable Court grant monetary damages to compensate the Plaintiff for the costs incurred when Defendant wrongfully failed to provide a service that was equally accessible to persons with vision disabilities to compensate for the emotional distress, embarrassment and experienced due to Defendant’s breach of its duties
• 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.