In a significant legal move, a visually-impaired individual has filed a lawsuit against a popular restaurant chain for alleged violations of disability rights laws. Jesus Torres, the plaintiff, submitted the complaint on October 9, 2024, in the Superior Court of California, County of Santa Clara, targeting Luna Mexican Kitchen Management Company, LLC. The lawsuit centers around allegations that the company's website is not accessible to individuals who are blind or visually impaired.
The case filed by Jesus Torres accuses Luna Mexican Kitchen Management Company of failing to make its website fully accessible to visually-impaired users. According to the complaint, Torres relies on screen-reading software (SRS) to navigate websites and claims that Luna's website lacks essential accessibility features. This alleged oversight denies him and others like him full access to the services and products offered both online and at physical locations. The lawsuit cites violations of both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act (UCRA), emphasizing that such discrimination is unlawful under these statutes.
Torres describes encountering numerous barriers when attempting to use Luna's website with his SRS. These barriers include unlabeled graphics and buttons without alternative text (Alt-text), which are crucial for screen readers to interpret visual content into audible information. He also notes difficulties with navigation due to insufficient headings and inaccessible order systems. As a result, Torres claims he was unable to place an order or fully utilize the services provided by Luna's brick-and-mortar locations.
The plaintiff seeks several forms of relief from the court. He requests a declaratory judgment acknowledging that Luna Mexican Kitchen operates its website in violation of ADA and UCRA standards. Additionally, Torres demands injunctive relief requiring changes in corporate policies to ensure future compliance with accessibility guidelines, specifically limiting this relief cost to $50,000 or less. Furthermore, he seeks statutory damages amounting to at least $4,000 per violation along with reasonable attorney fees and litigation costs.
Representing Jesus Torres is Joseph Manning Jr., Esq., from Manning Law APC. The case is identified as Case No.: 24CV449177 and will be reviewed under the jurisdiction of the Superior Court of California in Santa Clara County.