Zephyrin Victor v. Da Vito Management, LLC

Case Summary

According to the complaint, Plaintiff Zephyrin Victor, a visually-impaired individual, is suing DA VITO MANAGEMENT, LLC for failing to make its website, Vitoloitalian.com, accessible as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains significant barriers that prevent blind users from accessing its content and services, including making reservations. The complaint cites specific accessibility issues such as the lack of a 'Skip to content' link and improper keyboard navigation. Plaintiff seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure equal access for visually-impaired individuals.

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 encountered multiple accessibility barriers preventing him from making a reservation
• Defendant failed to comply with WCAG 2.2 guidelines

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• A preliminary and permanent injunction requiring Defendant to make its Website fully compliant with the ADA
• A declaration that Defendant's Website discriminates against the blind
• Payment of nominal damages
• Pre- and post-judgment interest
• An award of costs and expenses of this action together with reasonable attorneys’ fees and expert fees

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)(1-2)