UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

JAMES WATSON,

Plaintiff,

v.

LEMONGRASS HOLDINGS LLC 

d/b/a Lemongrass Asian Bistro 

Defendant.

/

COMPLAINT FOR INJUNCTIVE RELIEF

Plaintiff James Watson (“Plaintiff”) hereby sues Defendant Lemongrass Holdings LLC

(“Defendant”), doing business as Lemongrass Asian Bistro, for Injunctive Relief, attorney’s fees, 

litigation expenses and costs pursuant to Title III of the Americans with Disabilities Act of 1990, 

as amended, 42 U.S.C. §§ 12181-12189 (“ADA”), 28 C.F.R. Part 36, et seq.

1. Venue lies in the Southern District of Florida pursuant to 28 U.S.C. § 1391(b) and 

Local Rule 3.1, in that the original transaction or occurrence giving rise to this cause of action 

occurred in this District.

2. Pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343, this Court has been given 

original jurisdiction over actions which arise from the Defendant’s violations of Title III of the 

Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. See also 28 U.S.C. § 2201 and § 2202.

3. Plaintiff is a Florida resident, lives in Miami-Dade County, is sui juris, and qualifies 

as an individual with disabilities as defined by the ADA. Plaintiff is legally blind and a member 

of a protected class under the ADA, 42 U.S.C. §§ 12102(1)-(2), the regulations implementing the 

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ADA set forth at 28 CFR §§ 36.101 et seq. and in 42 U.S.C. 3602, §802(h). Plaintiff is substantially 

limited in the major life activity of seeing. Plaintiff’s disability is defined in 28 C.F.R. 

§36.105(b)(2).

4. Plaintiff uses the internet and a mobile device to help him navigate a world of 

goods, products and services like the sighted. The internet, websites and mobile applications 

provide him a window into the world that he would not otherwise have. He brings this action 

against Defendant for offering and maintaining a mobile website (software that is intended to run 

on mobile devises such as phones or tablet computers) that is not fully accessible and 

independently usable by visually impaired consumers. Plaintiff utilizes the Apple Screen Reader 

VoiceOver software to read computer materials and/or access and comprehend internet mobile 

website information which is specifically designed for the visually impaired. 

5. Plaintiff is also an advocate of the rights of similarly situated disabled persons and 

is a “tester” for the purpose of asserting his civil rights. As such, he monitors mobile websites to 

ensure and determine whether places of public accommodation and/or their mobile websites are in 

compliance with the ADA.

6. Defendant Lemongrass Holdings LLC is a Florida limited liability company which 

owns and operates a place of public accommodation which is a trendy Asian inspired restaurant

featuring Asian cuisine branded as “Lemongrass Asian Bistro.” Defendant’s restaurant is located 

within the district at 420 East Atlantic Avenue, Delray Beach, Florida 33483 and is open to the 

public. As such, it is a Place of Public Accommodation subject to the requirements of Title III of 

the ADA and it’s implementing regulation as defined by 42 U.S.C. §12181(7)(B), §12182, and 28 

C.F.R. §36.104(2). Defendant’s Lemongrass Asian Bistro restaurant is also referenced herein as 

“place of public accommodation,” “Lemongrass Delray Beach restaurant,” or “(Delray Beach) 

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restaurant.”

7. Defendant is defined as a “Public Accommodation" within meaning of Title III 

because Defendant is a private entity which owns and/or operates “[A] restaurant, bar, or other 

establishment serving food or drink,” 42 U.S.C. §12181(7)(B) and 28 C.F.R. §36.104(2).

8. The Lemongrass Asian Bistro restaurant owned by Defendant is a part of a small 

chain of four Lemongrass Asian Bistro restaurants located in Florida as follows:

• Lemongrass Asian Bistro - located at 420 East Atlantic Avenue, Delray Beach, Florida 

33483, which is owned by the Defendant is the subject of this instant action;

• Lemongrass Asian Bistro - located at 101 Plaza Real South, Boca Raton, Florida 33432, 

which is owned by Lemongrass RPP, LLC., which is not a party to this action; 

• Lemongrass Asian Bistro - located at 1880 Congress Avenue, Boynton Beach, Florida 

33426 which is owned by Lemongrass of Boynton Beach, LLC and which is not a party to 

this action; and 

• Lemongrass Asian Bistro - located at 10312 Forest Hill Boulevard, Suite 204, Wellington, 

Florida 33414, which is owned by Lemongrass Wellington, LLC and which is not a party 

to this action. 

On information and belief, all of the Lemongrass Asian Bistro restaurants are owned by related 

entities. 

9. Subsequent to the effective date of the ADA, Defendant constructed, or caused to 

be constructed, and/or became a beneficiary of the https://lemongrassasianbistrobocaraton.com

mobile website (hereinafter “mobile website”) which is designed for the general public to access 

on their mobile devices (phones, tablets). This mobile website supports, is an extension of, is in 

conjunction with, is complementary and supplemental to, Defendant’s Lemongrass Delray Beach 

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restaurant. The mobile website delineates the goods, services, accommodations, privileges, 

benefits and facilities available to patrons at all Lemongrass Asian Bistro restaurants, including 

Defendant’s Delray Beach restaurant. 

10. The mobile website is offered as a way for the public to become familiar with 

Lemongrass Asian Bistro menu selections, as well as information related to all Lemongrass Asian 

Bistro restaurants hours of operation and physical address (locations), including Defendant’s 

Delray Beach restaurant. The mobile website provides a link to reserve a table for dining within 

each restaurant location and another link to order food online for pick up or for delivery1from 

each restaurant location (including Defendant’s Delray Beach restaurant), allows the public to 

obtain information about private dining (groups and events) and has a link for the public to inquire 

about such reservation for events, and provides other information the chain of Lemongrass Asian 

Bistro restaurants seek to communicate to the public. The mobile website also allows the public 

to purchase Lemongrass Asian Bistro gift cards and to sign up for the restaurant’s newsletter. The 

mobile website also links to the Lemongrass Asian Bistro Yelp, Facebook and Instagram pages.

In addition, the mobile website links to Lemongrass sister restaurants such as Ganzo Sushi, Raman 

Lab Eatery, Eat District, and the Sea Kitchen. By the provision of menu selection, reservation 

services, online food ordering and delivery, and the ability to inquire about private dining and 

catering online, the mobile website is an integral part of the goods and services offered by 

Defendant at its Lemongrass Delray Beach restaurant. By this nexus, the mobile website is 

characterized as a Place of Public Accommodation to Title III of the ADA2, 42 U.S.C. §

1 Using Delivery Dudes or Uber Eats

2 Ensuring Web Accessibility for people with disabilities has become a priority for the Department of Justice. The 

Department of Justice Civil Rights Division has taken the position that both State and local government websites (Title 

II) and the websites of private entities that are public accommodations (Title III) are covered by the ADA. On March 

18, 2022, the DOJ issued guidance on Web Accessibility, see https://beta.ada.gov/resources/web-guidance/, The 

guidance states that individuals with disabilities should not be denied equal access to information, and inaccessible 

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12181(7)(B) and 28 C.F.R. § 36.104(2). 

11. The https://lemongrassasianbistrobocaraton.com mobile website allows mobile 

device users to use a mobile platform through a connection to Wi-Fi or cellular data so that users 

can manage their dining choice from their mobile device. The mobile website is subject to the 

ADA because it is offered as a tool to promote, advertise and sell products and services from 

Defendant’s Lemongrass Delray Beach restaurant, which is a place of public accommodation. As 

a result, the mobile website must interact with the public, and in doing so must comply with the 

ADA, which means it must not discriminate against individuals with disabilities and may not deny 

full and equal enjoyment of the goods and services afforded to the general public.3

12. The https://lemongrassasianbistrobocaraton.com mobile website does not properly 

interact with the VoiceOver screen reader software technology in a manner that allows blind and 

visually impaired individuals to comprehend the mobile website and does not provide other means 

to accommodate blind and visually impaired individuals.

13. Like the seeing community, Plaintiff would like the opportunity to be able to use 

the https://lemongrassasianbistrobocaraton.com mobile website to comprehend menu selections 

and test for: the ability to make reservations to dine in the Lemongrass Delray Beach restaurant, 

to order food online, to inquire about hosting private dining events, and to purchase gift cards

online. However, unless Defendant is required to eliminate the access barriers at issue and required 

to change its policies so that access barriers do not reoccur, Plaintiff will continue to be denied full 

and equal access to the mobile website as described and will be deterred from fully using the 

websites are as excluding as are access barriers to physical locations. DOJ guidance requires that website barriers must 

be identified, prevented, and removed so that all Title II and Title III entities offer websites that are accessible to 

people with disabilities.

3 According to Statista, almost half of web traffic in the United States originated form mobile devices in 2021. 

Therefore, Defendant knew or should have known that potential customers would be using the mobile version of its 

website and provided accessibility for blind users.

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mobile website or dining at Defendant’s Lemongrass Delray Beach restaurant.

14. Plaintiff is continuously aware of the violations on the mobile website and is aware 

that it would be a futile gesture to attempt to utilize that mobile website as long as those violations 

exist unless he is willing to suffer additional discrimination.

15. Defendant and alike restaurants are fully aware of the need to provide full access 

to all visitors to the mobile website as such barriers result in discriminatory and unequal treatment 

of individuals with disabilities who are visually impaired and result in punishment and isolation 

of blind and low vision individuals from the rest of society. 

16. Plaintiff has no plain, adequate, or complete remedy at law to redress the wrongs 

alleged herein and this action is his only means to secure adequate redress from Defendant’s 

discriminatory practice.

17. Notice to Defendant is not required as a result of Defendant’s failure to cure the 

violations. Enforcement of the rights of Plaintiff is right and just pursuant to 28 U.S.C. §§ 2201, 

2202. 

18. Plaintiff has been obligated to retain the civil rights law office of J. Courtney 

Cunningham, PLLC and has agreed to pay a reasonable fee for services in the prosecution of this 

cause, including costs and expenses incurred. Plaintiff is entitled to recover those attorney’s fees, 

costs and expenses from Defendant pursuant to 42 U.S.C. §12205 and 28 CFR 36.505.

COUNT I – VIOLATIONS OF TITLE III OF THE ADA

19. The ADA requires that Public Accommodations (and Places of Public 

Accommodation) are required to ensure that communication is effective, which includes the 

provision of auxiliary aids and services for such purpose.

20. According to 28 C.F.R. Section 36.303(b)(1), auxiliary aids and services includes 

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“voice, text, and video-based telecommunications products and systems.” 28 C.F.R. Section 

36.303(b)(2) specifically states that (VoiceOver) screen reader software is an effective method of 

making visually delivered material available to individuals who are blind or have low vision.

21. 28 C.F.R. Section 36.303(c)(1)(ii) specifically states that public accommodations 

must furnish appropriate auxiliary aids and services where necessary to ensure effective 

communication with individuals with disabilities. “In order to be effective, auxiliary aids and 

services must be provided in accessible formats, in a timely manner, and in such a way as to protect 

the privacy and independence of the individual with a disability.” 

22. Part 36 of Title 28 of the C.F.R. was designed and is implemented to effectuate 

subtitle A of Title III of the ADA, which prohibits discrimination on the basis of disability by 

public accommodations and requires places of public accommodation to be designed, constructed, 

and altered in compliance with the accessibility standards established by Part 36. 

23. The https://lemongrassasianbistrobocaraton.com mobile website has been designed 

to integrate with Lemongrass Asian Bistro restaurants (including Defendant’s Lemongrass Delray 

Beach restaurant) through the provision of a reservation service, food order and delivery service, 

the ability to inquire about private events online and the ability to purchase gift cards online and 

as such, Defendant has extended its restaurant into individual persons' homes and portable devices 

wherever located through the mobile website which is a service, facility, privilege, advantage, 

benefit and accommodation of its restaurant. Because the mobile website is integrated with, and is 

a nexus to, Defendant’s brick-and-mortar Delray Beach restaurant, it is governed by the following 

provisions:

a. U.S.C. Section 12182(a) provides: “No individual shall be discriminated 

against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, 

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privileges, advantages, or accommodations of any place of public accommodation by any person 

who owns, leases (or leases to), or operates a place of public accommodation.”

b. 42 U.S.C. Section 12182(b)(1)(A)(i) provides: “It shall be discriminatory to 

subject an individual or class of individuals on the basis of a disability or disabilities of such 

individual or class, directly, or through contractual, licensing, or other arrangements, to a denial 

of the opportunity of the individual or class to participate in or benefit from the goods, services, 

facilities, privileges, advantages, or accommodations of an entity[.]”

c. 42 U.S.C. Section 12182(b)(1)(A)(ii) provides: “It shall be discriminatory 

to afford an individual or class of individuals, on the basis of a disability or disabilities of such 

individual or class, directly, or through contractual, licensing, or other arrangements with the 

opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or 

accommodation that is not equal to that afforded to other individuals[.]”

d. 42 U.S.C. Section 12182(b)(1)(A)(ii) provides: “It shall be discriminatory 

to provide an individual or class of individuals, on the basis of a disability or disabilities of such 

individual or class, directly, or through contractual, licensing, or other arrangements with a good, 

service, facility, privilege, advantage, or accommodation that is different or separate from that 

provided to other individuals, unless such action is necessary to provide the individual or class of 

individuals with a good, service, facility, privilege, advantage, or accommodation, or other 

opportunity that is as effective as that provided to others[.]”

e. 42 U.S.C. Section 12182(b)(1)(B) provides: “Goods, services, facilities, 

privileges, advantages, and accommodations shall be afforded to an individual with a disability in 

the most integrated setting appropriate to the needs of the individual.”

f. 42 U.S.C. Section 12182(b)(1)(C) provides: “Notwithstanding the existence 

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of separate or different programs or activities provided in accordance with this section, an 

individual with a disability shall not be denied the opportunity to participate in such programs or 

activities that are not separate or different.”

g. 42 U.S.C. Section 12182(b)(2)(ii) describes as discrimination: “a failure to 

make reasonable modifications in policies, practices, or procedures, when such modifications are 

necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to 

individuals with disabilities, unless the entity can demonstrate that making such modifications 

would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or 

accommodations[.]”

h. 42 U.S.C. Section 12182(b)(2)(iii) describes as discrimination: “a failure to 

take such steps as may be necessary to ensure that no individual with a disability is excluded, 

denied services, segregated or otherwise treated differently than other individuals because of the 

absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps 

would fundamentally alter the nature of the good, service, facility, privilege, advantage, or 

accommodation being offered or would result in an undue burden[.]”

24. Plaintiff attempted to access and/or utilize the mobile website

https://lemongrassasianbistrobocaraton.com, but he was unable to, and he continues to be unable 

to enjoy full and equal access to the mobile website and/or understand the content therein because 

numerous portions of the mobile website do not interface with VoiceOver screen reader software. 

Specifically, features of the mobile website that are inaccessible to VoiceOver screen reader 

software users include, but are not limited to, the following (citing the WCAG 2.1 Level A and 

AA Guidelines): 

i. Guideline 1.3.1 Info and Relationships is violated. The product and price relationship in 

the Beverage menu prevents mobile VoiceOver screen reader software users from 

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understanding the content. The layout of the menu shows the “split” and “bottle” prices for 

each beverage type, but that relationship is not maintained when the content is announced. 

For example, after the two unlabeled images at the top of the menu are announced, all of 

the items in the Bubbles section are announced; then the Split | Bottle header is announced 

independently of any column labels or content and the first six prices are announced 

followed by the next four prices.

ii. Guideline 1.3.2 Meaningful Sequence is violated. Content must be presented in a 

meaningful order, and the mobile website fails to meet this requirement. The site is required 

to provide focus in a logical order, and this has been violated. The focus order for some 

items in the Catering Menu is not sequential. For example, the first two prices in the Sushi 

Platter section are announced together and without reference to the dish. 

iii. Guideline 1.3.3 Sensory Characteristics is violated. The icons used to indicate whether a 

dish is vegetarian, gluten-free, raw, etc. are not announced, thus the mobile VoiceOver 

screen reader software user is unable to comprehend the full information for dishes on the 

menu. The icons do not receive focus and are not announced for any of the dishes. The 

same issue is present on the Happy Hour menu.

iv. Guideline 2.4.3 Focus order is violated. The mobile website is required to provide focus in 

a logical order, and this has been violated. For example, some of the Lunch menu content 

is not announced correctly. When a mobile VoiceOver screen reader software user swipes 

to the Bento Lunch Boxes section, focus does not move from the dish to the price. Instead, 

all of the dishes are announced at one time. When a mobile VoiceOver screen reader 

software user swipes again, then all of the prices on those dishes are all announced at the 

same time. 

v. Guideline 3.3.2 Labels or Instructions is violated. Elements must be labeled and given 

instructions, and the mobile website fails to do so. The main menu icon is not labeled, it is 

announced as “? Banner landmark,” which is nonsensical to the mobile VoiceOver screen 

reader software user.

25. In this instant case, the mobile website’s reservation system and online 

order/delivery service are both linked to third party vendors. The fact that a portion of the WCAG 

2.1 Level A and AA Guideline violations may be related to third party vendor platforms does not 

absolve Defendant of culpability. Because restaurants are places of public accommodation, their 

operators are subject to the requirements of Title III as well. 42 U.S.C. § 12181(7)(b). Those 

requirements include a prohibition against subjecting patrons with disabilities to discrimination 

“through contractual, licensing, or other arrangements,” such as use of third party vendors’ 

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inaccessible platforms for making reservations. 42 U.S.C. § 12182(b)(1)(A); See Kohler v Bed 

Bath & Beyond of Cal., LLC, 780 F.3d 1260, 1264-66 (9th Cir. 2015) (Pre-existing obligations 

under Title III of the ADA may not be avoided through contractual arrangements, and those 

obligations remain even where compliance is under control of another party); Robles v. Yum! 

Brands, Inc., 2018 WL 566781, *4 (C.D. Cal. January 24, 2018) (restaurant operators are liable 

for website and mobile app accessibility where there is a nexus to the restaurants themselves).

26. As a beneficiary of the mobile website which serves as a gateway to its Lemongrass 

Delray Beach restaurant, Defendant is required to comply with the ADA and the provisions cited 

above. This includes Defendant’s obligation to create, maintain and operate a mobile website that 

is accessible to Plaintiff so that he (as a visually impaired person) can enjoy full and equal access 

to the mobile website and the content therein, including the ability to comprehend menu selections 

and to test for his ability to make a reservation to dine within Lemongrass Delray Beach restaurant, 

order prepared food online for delivery or pick up, inquire about private dining events, and to 

purchase gift cards online. 

27. Defendant has violated the ADA by failing to interface the mobile website which 

is directly linked to its restaurant with VoiceOver screen reader software utilized by Plaintiff (a 

visually impaired individual) (reference violations delineated within paragraph 24) either directly 

or through contractual, licensing or other arrangements. Defendant’s violations have resulted in 

Defendant denying Plaintiff accommodation on the basis of his disability:

a. by depriving Plaintiff of the full and equal enjoyment of the goods, services, 

facilities, privileges, advantages, or accommodations of its place of public accommodation (42 

U.S.C. § 12182(a));

b. in the denial of providing Plaintiff the opportunity to participate in or benefit 

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from the goods, services, facilities, privileges, advantages, or accommodations (42 U.S.C. §

12182(b)(1)(A)(i));

c. in failing to afford Plaintiff the opportunity to participate in or benefit from 

a good, service, facility, privilege, advantage, or accommodation that is equal to that afforded to 

other individuals (42 U.S.C. § 12182(b)(1)(A)(ii));

d. by providing Plaintiff a good, service, facility, privilege, advantage, or 

accommodation that is different or separate from that provided to other individuals (unless such 

action is necessary to provide the individual or class of individuals with a good, service, facility, 

privilege, advantage, or accommodation, or other opportunity that is as effective as that provided 

to others) (42 U.S.C. § 12182(b)(1)(A)(iii));

e. by failing to afford Plaintiff goods, services, facilities, privileges, 

advantages, and accommodations in the most integrated setting appropriate to the needs of the 

disabled individual (42 U.S.C. § 12182(b)(1)(B));

f. notwithstanding the existence of separate or different programs or activities 

provided in accordance with this section, by denying Plaintiff the opportunity to participate in such 

programs or activities that are not separate or different. (42 U.S.C. § 12182(b)(1)(C));

g. by a failure to make reasonable modifications in policies, practices, or 

procedures, when such modifications are necessary to afford such goods, services, facilities, 

privileges, advantages, or accommodations to individuals with disabilities (unless the entity can 

demonstrate that making such modifications would fundamentally alter the nature of such goods, 

services, facilities, privileges, advantages, or accommodations) (42 U.S.C. § 12182(b)(2)(ii)); and,

h. by a failure to take such steps as necessary to ensure that disabled 

individuals are not excluded, denied services, segregated or otherwise treated differently than other 

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individuals because of the absence of auxiliary aids and services (unless the entity can demonstrate 

that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, 

advantage, or accommodation being offered or would result in an undue burden) (42 U.S.C. §

12182(b)(2)(iii)).

28. Plaintiff is continuously aware of the violations within the mobile website 

https://lemongrassasianbistrobocaraton.com and is aware that it would be a futile gesture to 

attempt to utilize the mobile website as long as those violations exist unless he is willing to suffer 

additional discrimination.

29. Plaintiff is well aware that the ADA requires effective communications. However, 

long after the required date of compliance, many public accommodations refuse to comply leaving 

Plaintiff feeling excluded and rejected because he is disabled. As a result, Plaintiff has suffered

(and continues to suffer) frustration and humiliation as the result of the discriminatory conditions 

present within the https://lemongrassasianbistrobocaraton.com mobile website. By continuing to 

operate and/or be the beneficiary of a mobile website with discriminatory conditions, Defendant 

has contributed (and continues to contribute) to Plaintiff's sense of isolation and segregation and 

deprives Plaintiff the full and equal enjoyment of the goods, services, facilities, privileges and/or 

accommodations available to the general public. By encountering the discriminatory conditions 

within the mobile website and knowing that it would be a futile gesture to attempt to utilize the 

mobile website unless he is willing to endure additional discrimination, Plaintiff is (and has been) 

deprived of the meaningful choice of freely visiting and utilizing the same accommodations readily 

available to the general public and is deterred and discouraged from doing so. By maintaining 

and/or benefiting from a mobile website with violations, Defendant deprives Plaintiff the equality 

of opportunity offered to the general public.

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30. Plaintiff has suffered (and will continue to suffer) direct and indirect injury as a 

result of Defendant’s discrimination until Defendant is compelled to comply with the requirements 

of the ADA and conform the https://lemongrassasianbistrobocaraton.com mobile website to 

WCAG 2.1 Level A and AA Guidelines.

31. Plaintiff has a realistic, credible, existing and continuing threat of discrimination 

from Defendant’s non-compliance with the ADA with respect to the mobile website. Plaintiff has 

reasonable grounds to believe that he will continue to be subjected to discrimination in violation 

of the ADA when he visits the website to test for compliance with the ADA. Plaintiff desires to 

access the mobile website to avail himself of the benefits, advantages, goods and services therein, 

and/or to assure himself that this mobile website is in compliance with the ADA so that he and 

others similarly situated will have full and equal enjoyment of the mobile website without fear of 

discrimination.

32. Plaintiff is without adequate remedy at law and has suffered (and will continue to 

suffer) irreparable harm. The Plaintiff and all others similarly situated will continue to suffer such 

discrimination, injury and damage without the immediate relief provided by the ADA as requested 

herein.

33. Pursuant to 42 U.S.C. § 12188, this Court is provided with authority to grant 

Plaintiff Injunctive Relief, including an order to require Defendant to alter the mobile website 

https://lemongrassasianbistrobocaraton.com so that it is readily accessible to and usable by 

Plaintiff and other persons with vision impairments.

WHEREFORE, Plaintiff James Watson hereby demands judgment against Defendant 

Lemongrass Holdings LLC and requests the following injunctive and declaratory relief:

a. The Court issue a Declaratory Judgment that determines that the mobile website is 

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in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 

et seq.;

b. The Court issue a Declaratory Judgment that Defendant has violated the ADA by 

failing to monitor and maintain the mobile website which serves as a gateway to its 

restaurant to ensure that it is readily accessible to and usable by Plaintiff, a visually 

impaired person;

c. The Court issue an Order directing Defendant to alter the mobile website to make 

it accessible to, and useable by, individuals with disabilities to the full extent 

required by Title III of the ADA;

d. The Court issue an Order directing Defendant provide the appropriate auxiliary aids 

such that Plaintiff (a visually impaired person) will be able to effectively 

communicate with the https://lemongrassasianbistrobocaraton.com mobile website 

for purposes of comprehending Lemongrass Asian Bistro menu selections, 

ordering/paying for prepared food for pick up or delivery, purchasing gift cards

online, for making reservations to dine within each of the four Lemongrass Asian 

Bistro restaurants (including Defendant’s Delray Beach restaurant), and for 

inquiring about space for private dining events, and during that time period prior to 

the mobile website’s being designed to permit Plaintiff to effectively communicate, 

requiring Defendant to provide an alternative method for Plaintiff to effectively 

communicate so that he is not impeded from obtaining the goods and services which 

Defendant has made available to the public through the mobile website.

e. The 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 

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allow Defendant to undertake and complete corrective procedures;

f. The Court enter an Order directing Defendant to continually update and maintain 

the mobile website to ensure that it remains fully accessible to and usable by 

visually impaired individuals;

g. The Court award attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. 

§ 12205; and,

h. The Court provide such other relief as the Court deems just and proper, and/or is 

allowable under Title III of the Americans with Disabilities Act.

Dated: September 13, 2022

Respectfully submitted,

/s/ J. Courtney Cunningham

J. Courtney Cunningham, Esq.

J. COURTNEY CUNNINGHAM, PLLC

FBN: 628166

8950 SW 74th Court, Suite 2201

Miami, Florida 33156

T: 305-351-2014

cc@cunninghampllc.com

Counsel for Plaintiff

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