Zephyrin Victor v. Da Vito Management, LLC

Summary

According to the complaint, Plaintiff Zephyrin Victor, a visually-impaired individual, is suing DA VITO MANAGEMENT, LLC for failing to make its website, Vitoloitalian.com, accessible as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains significant barriers that prevent blind users from accessing its content and services, including making reservations. The complaint cites specific accessibility issues such as the lack of a 'Skip to content' link and improper keyboard navigation. Plaintiff seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure equal access for visually-impaired individuals.

About the defendant

Operates a restaurant services platform offering Italian cuisine, online reservations, gift cards, and information about the chef and restaurant.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's Website is not accessible to blind and visually impaired individuals
• Plaintiff encountered multiple accessibility barriers preventing him from making a reservation
• Defendant failed to comply with WCAG 2.2 guidelines

Legal claims

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

• Violations of the ADA, 42 U.S.C. § 12182, et seq.
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• A preliminary and permanent injunction requiring Defendant to make its Website fully compliant with the ADA
• A declaration that Defendant’s Website discriminates against the blind
• Payment of nominal damages
• Pre- and post-judgment interest
• An award of costs and expenses of this action together with reasonable attorneys’ fees and expert fees