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ADA Website Accessibility Lawsuit: an online Japanese restaurant

Case #NYED-71455642 · District Court, E.D. New York · Filed September 25, 2025

Plaintiff's Firm: STEIN SAKS, PLLC

Missing Alt TextKeyboard Navigation IssuesUnclear/Missing LabelsInaccessible FormsSemantic Markup Issues

Case Summary

Devin Fernandez, a visually-impaired resident of Suffolk County, New York, has initiated a federal lawsuit against an online Japanese restaurant. Filed on September 25, 2025, in the United States District Court for the Eastern District of New York, the complaint alleges that the restaurant's digital platform violates Title III of the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL) by failing to provide equal access for blind and visually-impaired patrons.

The plaintiff's complaint specifically details a range of accessibility barriers present on the restaurant's website, which prevent him from independently accessing content and placing online orders. These enumerated violations include missing text equivalents for non-text elements (alt-text), incorrectly formatted lists, and hidden elements on web pages. Further hindering usability are unannounced pop-ups, unclear labels for interactive components, and the requirement for mouse-only actions. The site also suffers from a lack of programmatically identifiable page sections through headings, keyboard-inaccessible sub-menu elements, broken links, and interactive elements with mismatched visible and accessible labels, all of which fall short of WCAG 2.1 guidelines.

This legal action serves as a crucial reminder for businesses operating online, particularly those offering services to the general public, about the imperative of digital accessibility. Non-compliance with established standards like WCAG 2.1 can expose organizations to significant legal risks, including demands for permanent injunctive relief to enforce site modifications, and potential liability for compensatory and punitive damages under federal and state statutes. Ensuring an inclusive online experience is not merely a legal obligation but a vital aspect of modern business operations.

Case Q&A

What specific accessibility issues were raised regarding the restaurant's web presence?

The complaint cited numerous accessibility issues, including an absence of text equivalents for non-text elements (alt-text), improperly formatted lists, hidden web page elements, unannounced pop-ups, ambiguous labels for interactive features, and functionality requiring mouse-only interaction. Additionally, the site suffered from broken links, incorrect heading markup, keyboard-unfriendly sub-menus, and inconsistent labeling for interactive elements.

Which individual and law firm are bringing this action?

The lawsuit has been brought by Devin Fernandez, a visually-impaired individual. He is represented in this matter by the law firm STEIN SAKS, PLLC.

What kind of broader legal exposure does this case highlight for businesses with digital platforms?

This case highlights that businesses offering online services to the public face legal exposure under ADA Title III and similar state laws if their digital platforms are not accessible to individuals with disabilities. Non-compliance can lead to court orders for website modifications, substantial damages, and the need for new corporate accessibility policies.

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