Kevin Orcel v. Redstone American Grill, Inc.

Case Summary

According to the complaint, Plaintiff Kevin Orcel, a visually-impaired individual, is suing Redstone American Grill, Inc. for failing to make its website, www.redstonegrill.com, accessible under the Americans with Disabilities Act (ADA). The complaint alleges that the website contains numerous barriers that prevent blind users from making reservations and accessing services, violating their rights. Plaintiff seeks a permanent injunction requiring the defendant to comply with accessibility standards and to implement changes to ensure equal access for visually-impaired consumers. The case is filed as a class action on behalf of 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 make a reservation 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.
• Certification of the Class and appointment of Plaintiff as Class Representative.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• 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).