Kevin Orcel v. Nova Dental Associates, PC

Case Summary

According to the complaint, Kevin Orcel, a visually impaired individual, is suing Nova Dental Associates, PC for failing to make its website, www.novadentalnj.com, accessible to blind users. The plaintiff alleges that he encountered numerous barriers while attempting to book a dental appointment, which violated his rights under the Americans with Disabilities Act (ADA). The complaint cites specific access issues such as missing alt-text and unclear labels that hinder the use of screen-reading software. Orcel seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure equal access for visually impaired consumers.

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 book a dental appointment 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.
• A declaration that Defendant's website discriminates against the blind.

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).