LUCIUS v. PRIME 112, LLC

    Plaintiff

    • Name: Windy Lucius
    • Filing date: February 15, 2021
    • State of filing: Florida

    Defendant

    • Name: Prime 112, LLC
    • Website: www.mylesrestaurantgroup.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Prime 112 is a chain of restaurants and a hotel in the Miami area.

    Case Summary

    On February 15, 2021, Windy Lucius filed a Complaint in Florida Federal court against Prime 112, LLC. Plaintiff Windy Lucius alleges that www.mylesrestaurantgroup.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • there are multiple sliders on this website in which the left and right controls are announced but all of the slider images are not announced. In this case, the slider controls are announced, users can hear that 20 slides are available, and they can navigate to each slider, but none of the content is announced.
    • Additionally, this slider is not labeled so users just hear controls and cannot tell what is being shown onscreen.
    • The PDF menus are not accessible. One violation is that the reading order has not been established so text is announced from left to right regardless of the sections or product grouping. In this case, users hear "Tomato with Basil" announced from the Soup section, then "Jump Shrimp" from the Raw Bar section. Focus then moved back to the Soups section and announced, "W Mini Fontina Grilled." This continued down the page. Sighted users can easily tell that the Tomato Basil with grilled cheese soup is $15 but it sounds like multiple different options to screen reader users. The Book and Event form shows a Start time section and End time section, but neither label is announced. Screen reader users only hear "HH edit blank" "MM edit blank" and they have the same experience with the End time section so it's not clear what should be entered.
    • An accessibility widget is available on this website. When it is opened, users can select from 9 options. When an option is selected, the font for the item turns to bold and it becomes highlighted in blue, but no announcement is made to screen reader users, so they are not notified if the option was selected or not.

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

    VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT

    Plaintiff seeks the following relief by way of its Complaint:

    • The Court issue a declaratory judgment that determines that the defendant's website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
    • the court issue a declaratory judgment that determines that the defendant's website is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
    • The Court issue a Declaratory Judgment that Defendant has violated the ADA by failing to monitor and maintain its website to ensure that it is readily accessible to and usable by persons with vision impairment
    • That this Court issue an Order directing Defendant to alter its website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA
    • That this Court enter an Order directing Defendant to evaluate and neutralize its policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendant to undertake and complete corrective procedures
    • That this Court enter an Order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by visually impaired individuals
    • An award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205
    • Such other relief as the Court deems just and proper, and/or is allowable under Title III of the Americans with Disabilities Act.

    Comments