Kevin Orcel v. Restaurant Investment Group, LLC

Case Summary

According to the complaint, Kevin Orcel, a visually-impaired individual, is suing Restaurant Investment Group, LLC for failing to make its website, www.eatphotoday.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to place an online order for Vietnamese food, which prevented him from accessing the website's services. The complaint cites specific access issues such as missing alt-text and unclear labels for interactive elements. Orcel seeks a permanent injunction requiring the defendant to comply with accessibility standards and to ensure that the website is usable by blind individuals. He also requests damages and legal fees.

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 place an online order due to access barriers on the website.
• 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).