Zephyrin Victor v. El Cielo Restaurant, LLC

Case Summary

According to the complaint, Plaintiff Zephyrin Victor, a visually-impaired individual, is suing El Cielo Restaurant, LLC for failing to make its website, https://elcielo.com.co/, accessible as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains significant access barriers that prevent blind users from navigating it effectively, including issues with screen reader compatibility and ambiguous link texts. Victor claims these barriers hinder his ability to make online reservations and access essential information about the restaurant's offerings. He seeks a permanent injunction to compel the defendant to comply with accessibility standards and to ensure equal access for visually-impaired individuals. The complaint cites ongoing discrimination and requests various forms of relief, including damages and attorney 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 consumers.
• Access barriers prevent users from making online reservations and accessing information about the restaurant.
• Defendant's website fails to comply with WCAG 2.2 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An 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).