Plaintiff
- Name: Nelson Fernandez
- Filing Date: August 25, 2026
- Court: United States District Court Middle District of Florida
- State: Florida
- Attorney Firm: Roderick V. Hannah, Esq., P.A.; Law Office of Pelayo Duran, P.A.
Defendant
- Name: Benihana, Inc.
- Website: www.benihana.com
- Industry: Food, Beverage & Tobacco
- Standards Cited: Web Content Accessibility Guidelines (WCAG) 2.0 Level AA
- Summary: Operates a chain of Japanese themed restaurants selling food and beverage products, allowing online reservations, orders, and promotions.
Case Summary
According to the complaint, Nelson Fernandez is suing Benihana, Inc. for alleged violations of the Americans with Disabilities Act due to accessibility barriers on their website, which he claims prevent visually disabled individuals from effectively using it. Fernandez, who is visually impaired, asserts that he encountered numerous issues while attempting to navigate the site, including unclear descriptions for images and buttons, and difficulties with keyboard navigation. He seeks a declaration that the website is in violation of the ADA, along with injunctive relief to ensure it becomes accessible, as well as attorney's fees. The complaint highlights the importance of the website for accessing information about Benihana's physical restaurants and their offerings.
Causes of Action
- Violation of Title III of the Americans with Disabilities Act
Key Allegations
- Website contains access barriers preventing use by visually disabled individuals using screen reader software.
- Images and buttons lack clear descriptions for screen readers.
- Keyboard navigation is difficult in menus and reservation tools.
Requested Relief
- Declaratory judgment that the Website violates the ADA
- Injunctive relief to update the Website for accessibility
- Attorney's fees and costs
Jurisdiction & Venue
Federal question jurisdiction under 28 U.S.C. §1331 and ADA provisions
