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Accessibility.com, LLC

LUCIUS v. FOGO DE CHAO, INC.

Filed July 29, 2020

Plaintiff

  • Name: Windy Lucius
  • Filing date: July 29, 2020
  • State of filing: Florida

Defendant

  • Name: Fogo de Chao, Inc.
  • Website: www.fogodechao.com
  • Industry: Hotel, Restaurant and Leisure
  • Summary: Fogo de Chão is a fine dining, full-service Brazilian steakhouse or churrascaria.

Case Summary

On July 29, 2020, Windy Lucius filed a Complaint in Florida Federal court against Fogo de Chao, Inc. . Plaintiff Windy Lucius alleges that www.fogodechao.com is not accessible per the WCAG 2.1 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • The homepage pop-up is announced as an unlabeled graphic.
  • Users were unable to hear the text content which appears to be in the form of a single, unlabeled image.
  • The Reservation field labels shown in text are not programmatically associated to the fields. The result is that users only hear the hint text when they tab to these fields and this is problematic.
  • Screen reader users are not notified when errors occur during the reservation process.
  • The reservation calendar is not accessible to screen reader users.

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

  • Title III of the ADA, 42 U.S.C. § 12181 et seq.

Plaintiff seeks the following relief by way of its Complaint:

  • The Court issue a DeclaratoryJudgment that determinesthat theDefendant'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 DeclaratoryJudgment that determinesthat theDefendant'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.

FloridaHotel, Restaurant and Leisure