Plaintiff
- Name: Windy Lucius
- Filing date: September 24, 2020
- State of filing: Florida
Defendant
- Name: Moxie's Restaurants (US) Inc. d/b/a Moxie's Grill & Bar
- Website: www.us.moxies.com
- Industry: Hotel, Restaurant and Leisure
- Summary: Moxie's Restaurants is a Canadian restaurant chain with locations in the U.S.
Case Summary
On September 24, 2020, Windy Lucius filed a Complaint in Florida Federal court against Moxie's Restaurants (US) Inc. d/b/a Moxie's Grill & Bar . Plaintiff Windy Lucius alleges that www.us.moxies.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- numerous portions of the website do not interface with and are not readable by SRS
- features of the website that are inaccessible to the visually impaired include, but are not limited to, the following: the cross button after clicking the "Order Now" link is not accessible by keyboard only.
- There is no “skip to content” link.
- The screen reader incorrectly announces the "Happy Hour" link as "Gift Cards" link
- The "Nutritional Information" shows a V icon to indicate an item is Vegan, but this information is not communicated to screen reader users
- Menus in PDF form are not accessible.
- Keyboard focus does not extend to the following header links: "Moxies" "Menus" and "Happy Hour."
- Error suggestions are not announced to screen reader users.
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT
Plaintiff seeks the following relief by way of its Complaint:
- TheCourt 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