Plaintiff
- Name: Brett DeSalvo
- Filing date: February 22, 2021
- State of filing: California
Defendant
- Name: B. G. Jazz Grill, LLC
- Website: www.vibratogrilljazz.com
- Industry: Hotel, Restaurant and Leisure
- Summary: B. G. Jazz Grill, LLC owns and operates Vibrato, a jazz lounge and restaurant in Los Angeles.
Case Summary
On February 22, 2021, Brett DeSalvo filed a Complaint in California Federal court against B. G. Jazz Grill, LLC. Plaintiff Brett DeSalvo alleges that www.vibratogrilljazz.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is invisible code embedded beneath a graphic or image on a website that is read to a user by a screen-reader. For graphics or images to be fully accessible for screen-reader users, it requires that alt-text be coded with each graphic or image so that screen reading software can speak the alt-text to describe the graphic or image where a sighted user would just see the graphic or image. Alt-text does not the cursor hovers over the graphic or image. The lack of alt-text on graphics and images prevents screen-readers from accurately vocalizing a description of the image or graphic. As a result, Plaintiff and Class Members who are blind and visually impaired customers are unable to access world-class music and outstanding contemporary American cuisine. Consumers are additionally unable to access information regarding reservations, ordering online, the menus, gift cards, services available for large parties, Defendant’s contact information, the restaurant location, hours of operation, and artist inquiries. Furthermore, consumers cannot access information about the Defendant’s social media pages, newsletter, or complete any purchases;
- Empty Links that contain No Text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen-reader users;
- RedundantLinkswhereadjacentlinksgotothesameURLaddress 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 does not contain any descriptive text and that image does not have alt-text. A screen reader then has no content to present the user as to the function of the link, including information or links for and contained in PDFs.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq.
- Violations of the 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 Plaintiff 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 https://www.fiveguys.com/ readily accessible to and usable by visually-impaired individuals
- An award of statutory minimum damages of $4,000 per offense per person pursuant to section 52(a) of the California Civil Code.
- For attorneys’ fees and expenses pursuant to California Civil Code §§ 52(a), 52.1(h), and 42 U.S.C. § 12205
- For pre-judgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as the Court deems just and proper.