VAN DYCK v. THE CAKE BAR, LLC

    Plaintiff

    • Name: Grace Van Dyck
    • Filing date: August 14, 2019
    • State of filing: Massachusetts

    Defendant

    • Name: The Cake Bar, LLC
    • Website: www.thecakebarandcafe.com/
    • Industry: Hotel, Restaurant and Leisure
    • Summary: The Cake Bar is a bakery in Franklin, Massachusetts selling one-of-a-kind cakes, cupcakes, bars, and other baked goods.

    Case Summary

    On August 14, 2019, Grace Van Dyck filed a Complaint in Massachusetts Federal court against The Cake Bar, LLC. Plaintiff Grace Van Dyck alleges that www.thecakebarandcafe.com/ is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website fails to make all functionality available from a keyboard since the Website requires the visual activity of mouse manipulation to navigate the various webpages.
    • Website fails to provide help for users to navigate, find content and determine where they are on the Website due to the Website’s lack of links and headings.
    • Website fails to maximize compatibility with current and future user agents, including assistive technologies, for the reasons stated above.

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

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq.;
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make the Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
    • A declaration that Defendant owns, maintains and/or operates the Website in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq.;
    • Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law;
    • For pre- and post-judgment interest to the extent permitted by law; and
    • Such other and further relief as the Court deems just and proper.

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