Josh Foreman v. Zehnder’s of Frankenmuth, Inc., d/b/a Bavarian Inn

Case Summary

According to the complaint, Plaintiff Josh Foreman alleges that Zehnder’s of Frankenmuth, Inc., which operates the Bavarian Inn, has a website that is not accessible to individuals with disabilities, specifically blind users. The website, which is essential for booking hotel accommodations and accessing services, contains numerous accessibility barriers, including images without alternative text and links that lack descriptive text. Plaintiff attempted to use the website to make a reservation but was unable to do so independently, leading to feelings of humiliation and frustration. The complaint cites violations of the Americans with Disabilities Act and the Michigan Persons with Disabilities Civil Rights Act, seeking injunctive relief and damages for the emotional distress caused by these barriers.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Violation of the Michigan Persons with Disabilities Civil Rights Act (PWDCRA)

Key Allegations

• Defendant's website is inaccessible to blind users due to lack of alternative text for images and non-descriptive links.
• Plaintiff was unable to complete a hotel reservation independently due to accessibility barriers on the website.
• Defendant's reliance on an accessibility widget did not remediate critical accessibility issues.

Requested Relief

• Injunctive relief to make the website accessible
• Compensatory damages for emotional distress
• Attorney's fees and litigation costs

Proposed Class

Individuals with disabilities who are denied full and equal enjoyment of goods and services due to website inaccessibility.

Jurisdiction & Venue

This Court has original jurisdiction over Plaintiff’s ADA claims and supplemental jurisdiction over Plaintiff’s PWDCRA claims.