CHU v. PAT KULETO RESTAURANT DEVELOPMENT & MANAGEMENT COMPANY

    Plaintiff

    • Name: Kyo Hak Chu
    • Filing date: February 26, 2021
    • State of filing: California

    Defendant

    • Name: Pat Kuleto Restaurant Development & Management Company
    • Website: www.waterbarsf.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Waterbar is a seafood restaurant and bar on the San Francisco Bay.

    Case Summary

    On February 26, 2021, Kyo Hak Chu filed a Complaint in California Federal court against Pat Kuleto Restaurant Development & Management Company. Plaintiff Kyo Hak Chu alleges that www.waterbarsf.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of Alternative Text (“alt-text”), or a text equivalent.
    • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. 
    • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
    • Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. 

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • Unruh Civil Rights Act, California Civil Code § 51 et seq.

    Plaintiff seeks the following relief by way of its Complaint:

    • For an Order certifying the Nationwide Class and California Class as defined herein and appointing Plaintiffs and his Counsel to represent the Nationwide Class and the California Class;
    • A preliminary and permanent injunction pursuant to 42 U.S.C. § 12188(a)(1) and (2) and section 52.1 of the California Civil Code enjoining Defendant from violating the Unruh Civil Rights Act and ADA and requiring Defendant to take the steps necessary to make its website readily accessible to and usable by visually impaired individuals;
    • Statutory minimum damages of $4,000 per offense per
      person pursuant to section 52(a) of the California Civil Code.
    • Attorneys’ fees and expenses pursuant to California Civil Code §§ 52(a), 52.1(h), and 42 U.S.C. § 12205;
    • Pre-judgment interest to the extent permitted by law;
    • Costs of suit; and;
    • Such other and further relief as the Court deems just and proper.

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