Plaintiff
- Name: Windy Lucius
- Filing date: October 13, 2020
- State of filing: Florida
Defendant
- Name: Bulla, LLC
- Website: www.bullagastrobar.com
- Industry: Hotel, Restaurant and Leisure
- Summary: Bulla Gastrobar is a chain of restaurant and gastropubs in southern Florida.
Case Summary
On October 13, 2020, Windy Lucius filed a Complaint in Florida Federal court against Bulla, LLC. Plaintiff Windy Lucius alleges that www.bullagastrobar.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- the alt tag value is missing for the image and there is no alternative available to access product information including the price which is shown in the image.
- The Book Your Event form has visible labels that are not programmatically associated with the fields.
- With the exception of the Date and Locations fields, the other 6 fields are each announced as "edit blank" when a screen reader user tabs to it.
- The "Reservations" link is required to be accessible by the Tab key, but it is skipped.
- After the Order Online menu, screen reader users hear the Search field at the bottom of the page. They do not hear the Reservations link.
- Skip functionality is not announced. A screen reader user will have to Tab through 41 elements each time they open a new page since they are unable to bypass or skip the repeated header information.
- The left and right navigation arrows on the homepage slider are not labeled. Users will hear each control, but each is only announced as "clickable."
- Menus are available in PDF form, but they have accessibility barriers. For example, the Entrees section on page 2 is an image instead of text. Only the first item in this image is announced. Users do not hear any of the other entrees other than the Conchinillo Hash.
- Screen reader users cannot hear the promotional content on the homepage slider. The slider contains multiple images that include embedded text which is not announced to screen reader users. Ex. The 3-course special image includes pricing, offer duration, and offer details but none of this content is announced to screen reader users.
Plaintiff asserts the following cause(s) of action in its Complaint:
Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- The Court issue a Declaratory Judgment that determinesthat 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.
- TheCourt issue a Declaratory Judgment that determinesthat 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.