COTTO v. ROSATI'S FRANCHISING INC.

    Plaintiff

    • Name: Cesar Cotto
    • Filing date: May 6, 2019
    • State of filing: Illinois

    Defendant

    • Name: Rosati's Franchising Inc.
    • Website: www.myrosatis.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Rosati's Pizza is a Chicago-based Italian food and pizza restaurant.

    Case Summary

    On May 6, 2019, Cesar Cotto filed a Complaint in Illinois Federal court against Rosati's Franchising Inc.. Plaintiff Cesar Cotto alleges that www.myrosatis.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Plaintiff found unlabeled buttons and links prevented him from navigating the website
    • Plaintiff also found at least one cursor trap that prevented him from navigating the website
    • Plaintiff encountered multiple pages that contained insufficient navigational headings, requiring Plaintiff to expend a substantial amount of time to access information
    • Plaintiff was unable to browse the menu because menu links and descriptions were inaccessible to screen reading technology
    • Plaintiff was unable to place an order for pickup because of an inaccessible checkout system

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction enjoining Defendant from violating the UCRA, Civil Code § 51 et seq, with respect to its website
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make its website readily accessible to and usable by blind and visuallyimpaired individuals
    • An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code
    • An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist. LEXIS 150740 (USDC Cal, E.D. 2016)
    • For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a)
    • For prejudgment interest to the extent permitted by law
    • For costs of suit
    • For such other and further relief as this Court deems just and proper

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