Kevin Orcel v. Cinnaholic Franchising, LLC

Case Summary

According to the complaint, Kevin Orcel, a visually-impaired individual, is suing Cinnaholic Franchising, LLC for failing to make its website, www.cinnaholic.com, accessible to blind users as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to order cinnamon rolls online, including missing alt-text and unclear labels for interactive elements. He seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure that visually-impaired individuals can independently use the website. The complaint also seeks class certification for all legally blind individuals who have faced similar issues with the website.

Causes of Action

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

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff was denied the ability to order a cinnamon roll due to website barriers.
• Defendant has failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website fully compliant with the ADA.
• Payment of nominal damages.
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).