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Zephyrin Victor v. El Cielo Restaurant, LLC

Filed

Case details

Standards cited
WCAG 2.2 AA

Summary

According to the complaint, Plaintiff Zephyrin Victor, a visually-impaired individual, is suing El Cielo Restaurant, LLC for failing to make its website, https://elcielo.com.co/, accessible as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains significant access barriers that prevent blind users from navigating it effectively, including issues with screen reader compatibility and ambiguous link texts. Victor claims these barriers hinder his ability to make online reservations and access essential information about the restaurant's offerings. He seeks a permanent injunction to compel the defendant to comply with accessibility standards and to ensure equal access for visually-impaired individuals. The complaint cites ongoing discrimination and requests various forms of relief, including damages and attorney fees.

About the defendant

Operates a restaurant services platform offering Colombian-inspired cuisine and dining services, including multi-course tasting menus and immersive tasting experiences.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually-impaired consumers.
  • Access barriers prevent users from making online reservations and accessing information about the restaurant.
  • Defendant's website fails 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 ADA.
  • An 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.