UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

WINDY LUCIUS,

Plaintiff,

v.

BBRG GLADES ROAD TR, LLC 

d/b/a Abe & Louie’s Steakhouse restaurant and

TAVISTOCK RESTAURANTS, LLC.,

Defendants.

/

COMPLAINT FOR INJUNCTIVE RELIEF

Plaintiff Windy Lucius hereby sues Defendant BBRG Glades Road TR, LLC doing 

business as Abe & Louie’s Steakhouse restaurant and Defendant Tavistock Restaurants, LLC for

InjunctiveRelief, attorney’sfees,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 Defendants’ 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 Windy Lucius (“Plaintiff”) is a Florida resident, lives in Miami-Dade

County, issui juris, and qualifies as an individual with disabilities as defined by the ADA. Plaintiff 

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is legally blind and a member of a protected class under the ADA, 42 U.S.C. §§ 12102(1)-(2), the 

regulations implementing the 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 her navigate a world of goods, 

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

a window into the world that she would not otherwise have. She brings this action against 

Defendants 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 her civil rights and monitoring, ensuring, and determining 

whether places of public accommodation and/or their mobile websites are in compliance with the 

ADA.

6. Defendant BBRG Glades Road TR, LLC (also referenced as “Defendant Glades 

Road” or collectively with Defendant Tavistock Restaurants, LLC as “Defendants”) is a Florida 

limited liability company which is the owner and operator of the Abe and Louie’s Steakhouse

restaurant (branded as a classic American steakhouse) which is located within this district and is 

open to the public. Defendant Glades Road is defined as a “Public Accommodation" within 

meaning of Title III because Defendant Glades Road 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 

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C.F.R. §36.104(2).

7. Defendant Glades Road’s Abe & Louie’s Steakhouse restaurant (which is the 

subject of this action) is located at 2200 Glades Road, Boca Raton, Florida 33431 and because it 

is open to the public it is a Place of Public Accommodation subject to the requirements of Title III 

of the ADA and its implementing regulation as defined by 42 U.S.C. §12181(7)(B), §12182, and 

28 C.F.R. §36.104(2). There is a second Abe & Louie’s Steakhouse restaurant located in Boston 

Massachusetts, but that Boston restaurant is not a party to this action. The Abe & Louie’s 

Steakhouse restaurant located at 2200 Glades Road, Boca Raton is referenced herein as “place of 

public accommodation,” “Abe & Louie’s Boca Raton Steakhouse (restaurant),” “Abe & Louie’s 

Boca Raton,” or “restaurant.”

8. Defendant Tavistock Restaurants, LLC (also referenced as “Defendant Tavistock” 

or collectively with Defendant Glades Road as “Defendants”) is (on information and belief) a 

subsidiary of the Tavistock Group/Tavistock Restaurant Collection, which is a hospitality 

company that focuses on boutique refined dining concepts. The Tavistock Group of restaurants 

include the subject Abe & Louie’s located in Boca Raton and Boston and also include the following 

restaurants: Atlantic Fish Company, Atlas, Boxi Park, Cañonita, Canvas Restaurant & Market, 

Chroma Modern Bar + Kitchen, Timpano Hyde Park, Coach Grill, Joe’s on Newbury, Joe’s 

Waterfront, Park Pizza & Brewing Co., and The Garden Room. 

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

caused to be constructed, the https://abeandlouies.com mobile website1(hereinafter “mobile 

website”) for the benefit and use of Defendant Glades Road’s Abe & Louie’s Boca Raton 

Steakhouse restaurant with the intent that the general public access the https://abeandlouies.com

1 See the Privacy Policy of the mobile website

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

extension of, is in conjunction with, is complementary and supplemental to the Abe & Louie’s 

Boca Raton restaurant. The mobile website delineates the goods, services, accommodations, 

privileges, benefits and facilities available to patrons at both Abe & Louie’s Steakhouse restaurant 

physical locations (Boca Raton, Florida and Boston Massachusetts), and with particularity, the 

Abe & Louie’s Boca Raton location. 

10. The mobile website is offered by Defendants as a way for the public to become 

familiar with the Abe & Louie’s menu selections, hours of operation, the Abe & Louie’s Boca 

Raton restaurant location, provides a link to reserve a table for dining within the restaurant, permits 

the general public to order food online and have that food delivered to their home, and provides 

other information the Defendants seek to communicate to the public. The mobile website also 

links to The Abe & Louie’s Steakhouse Facebook and Instagram pages and allows the public to 

purchase gift cards online for use at the various Tavistock Group Restaurants as well as the Abe 

& Louie’s Boca Raton location. The public can also take a virtual tour of the Boca Raton restaurant 

online and can sign up for the Loyalty Club/TRC Preferred Guest program through the mobile 

website. By the provision of menu selection, reservation services, food delivery options, and the 

ability to purchase gift cards, the mobile website is an integral part of the goods and services 

offered by Defendants. By this nexus, the mobile website is characterized as a Place of Public 

Accommodation to Title III of the ADA2, 42 U.S.C. §§ 12181(7)(B) & (E) and 28 C.F.R. §§36.104 

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 

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.

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(2) & (5).

11. As the owner of the mobile website which is a Place of Public Accommodation, 

Defendant Tavistock is defined as a “Public Accommodation" within meaning of Title III under 

42 U.S.C. §§ 12181(7)(B) & (E) and 28 C.F.R. §§36.104 (2) & (5).

12. The https://abeandlouies.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. Defendants have subjected themselves to the ADA 

because the mobile website is offered as a tool to promote, advertise and sell products and services 

from the Abe & Louie’s Boca Raton Steakhouse restaurant location, which is a place of public 

accommodation. As a result, the mobile website must interact with the Abe & Louie’s Boca Raton 

restaurant and 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

13. The 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.

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

the https://abeandlouies.com mobile website to test whether she can comprehend menu selections,

and test for the ability to: make reservations to dine in the Abe & Louie’s Boca Raton Steakhouse

restaurant, order food online, and to purchase gift cards online. However, unless Defendants are 

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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required to eliminate the access barriers and change their policies so that access barriers do not 

reoccur, Plaintiff will continue to be denied full and equal access to the mobile website and will 

be deterred from fully using the mobile website and/or dining at the Abe & Louie’s Boca Raton 

Steakhouse restaurant which is located within this district.

15. 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 she is willing to suffer additional discrimination.

16. Defendants and alike restaurants are fully aware of the need to provide full access 

to all visitors to the https://abeandlouies.com mobile website as 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. 

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

alleged herein and this action is her only means to secure adequate redress from Defendants’

discriminatory practice.

18. Notice to Defendants is not required as a result of Defendants’ failure to cure the 

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

2202. 

19. 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 Defendants pursuant to 42 U.S.C. §12205 and 28 CFR 36.505.

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COUNT I – VIOLATIONS OF TITLE III OF THE ADA

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

Accommodation) ensure that communication is effective, which includes the provision of auxiliary 

aids and services for such purpose.

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

“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.

22. 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.” 

23. 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. 

24. The https://abeandlouies.com mobile website has been designed to integrate with 

the Abe & Louie’s Boca Raton restaurant through the provision of a reservation service, the ability 

of the public to order food through a food delivery platform, and the ability to purchase gift cards 

online; therefore, the mobile website is an extension of Abe & Louie’s Steakhouse restaurants 

(specifically, the Abe & Louie’s Boca Raton restaurant). By and through the mobile website, 

Defendants have specifically extended the Abe & Louie’s Boca Raton restaurant into individual 

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persons' homes and portable devices wherever located. The mobile website is a service, facility, 

privilege, advantage, benefit and accommodation of Defendants’ Place of Public Accommodation. 

As such, the mobile website is integrated with, and is a nexus to the Abe & Louie’s Boca Raton

restaurant. Therefore, 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, 

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 

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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 

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[.]”

25. Plaintiff attempted but was unable to access and/or utilize the mobile website 

https://abeandlouies.com. Plaintiff continues to be unable to enjoy full and equal access to the

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

meaningful order, and this is violated. A dialog is displayed when the online ordering page 

is opened, but this dialog does not receive focus and is not announced. A mobile VoiceOver 

screen reader software user must select an order type in the dialog before they can submit 

an order but are unable to do so without assistance due to this violation. 

ii. Guideline 2.4.3 Focus order is violated. The site is required to provide focus in a logical 

order, and this has been violated. For example, mobile VoiceOver screen reader software 

users are not able to select a date in the reservation form. After opening the date picker, 

focus exits the and moves to the underlying page before any of the dates are announced 

iii. Guideline 3.3.1 Error Identification is violated. Input errors must be clearly identified and 

this mobile website fails to do so. For example, form errors are not announced when they 

are displayed on the Private Dining Request form. When a mobile VoiceOver screen reader 

software user submits the Private Dining Request form with errors in the form, the errors 

are displayed in red, but the errors are not announced. Instead, focus moves to the browser's 

back button and this back button is announced. Thus, mobile VoiceOver screen reader 

software users are not given adequate notice (announcement) of errors in the form.

iv. Guideline 4.1.2 Name, Role, Value is violated. All elements must be built for accessibility 

and this is not the case. The Online Ordering button (which shown in the banner at the 

bottom of the home screen) does not work when screen reader software is active. When a 

mobile VoiceOver screen reader software user double taps the Online Ordering button 

when it's announced, no action occurs. If a mobile VoiceOver screen reader software user 

turns “off” the screen reader software and then double taps the Online Ordering button, a 

popup with the word “order” is displayed and the mobile VoiceOver screen reader software 

user is then taken to the online ordering page. So, the only way for a mobile VoiceOver

screen reader software user to complete online ordering is to exit out of the screen reader 

software which that mobile VoiceOver screen reader software user needs in order to 

navigate/use the mobile website. 

26. As the owner, operator and/or beneficiary of the Abe & Louie’s Steakhouse

restaurant mobile website, Defendants are required to comply with the ADA and the provisions 

cited above. This includes Defendants’ obligation to create and maintain a mobile website that is

accessible to and usable by visually impaired persons so that they can enjoy full and equal access 

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to the mobile website and the content therein, including the ability to make a reservation to dine 

within the Abe & Louie’s Boca Raton restaurant, the ability to order food online for delivery, and 

the ability to purchase gift cards online. 

27. In this instant case, the https://abeandlouies.com mobile website reservation service 

and online ordering platform are linked to a third party vendor. 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 Defendants 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’ 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).

28. With respect to the https://abeandlouies.com mobile website, Defendants have

violated the ADA by failing to interface the mobile website with VoiceOver screen reader software 

utilized by visually impaired individuals (as delineated within paragraph 25) either directly or 

through contractual, licensing or other arrangements. These violations have resulted in 

Defendants’ joint and several denial of accommodation to Plaintiff in the basis of her 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 

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U.S.C. § 12182(a));

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

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 activitiesthat are notseparate 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,

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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 

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)).

29. Plaintiff is continuously aware of the violations within the https://abeandlouies.com

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 she is willing to suffer additional discrimination.

30. 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 she 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://abeandlouies.com mobile website. By continuing to operate the mobile 

website with discriminatory conditions, Defendants continue to contribute to Plaintiff's sense of 

isolation and segregation and to deprive Plaintiff the full and equal enjoyment of the goods, 

services, facilities, privileges and/or accommodations Defendants make 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 she is willing to endure 

additional discrimination, Plaintiff is 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 a mobile website with violations, Defendants have 

deprived (and continue to deprive) Plaintiff the equality of opportunity offered to the general 

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public.

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

result of Defendants’ discrimination until Defendants are compelled to comply with the 

requirements of the ADA and conform their mobile website to WCAG 2.1 Level A and AA

Guidelines.

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

from Defendants’ non-compliance with the ADA with respect to the https://abeandlouies.com

mobile website. Plaintiff has reasonable grounds to believe that she will continue to be subjected 

to discrimination in violation of the ADA by Defendant when she visits the website to test for 

compliance with the ADA. Plaintiff desires to access the mobile website to avail herself of the 

benefits, advantages, goods and services therein, and/or to assure herself that this mobile website

is in compliance with the ADA so that Plaintiff will have full and equal enjoyment of the mobile 

website without fear of discrimination.

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

suffer) irreparable harm. Plaintiff will continue to suffer such discrimination, injury and damage 

without the immediate relief provided by the ADA as requested herein.

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

Plaintiff Injunctive Relief, including an order to require Defendants to alter the 

https://abeandlouies.com mobile website to make it readily accessible to and usable by Plaintiff 

and other persons with vision impairments.

WHEREFORE, Plaintiff Windy Lucius hereby demands judgment against Defendant 

BBRG Glades Road TR, LLC and Defendant Tavistock Restaurants, LLC and requests the 

following injunctive and declaratory relief:

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a. The Court issue a Declaratory Judgment that determines that the 

https://abeandlouies.com mobile website is 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 Defendants have violated the ADA by 

failing to monitor and maintain the https://abeandlouies.com mobile website to 

ensure that it is readily accessible to and usable by persons with vision impairment;

c. The Court issue an Order directing Defendants 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 Defendants provide the appropriate auxiliary 

aids such that individuals with visual impairments will be able to effectively 

communicate with the https://abeandlouies.com mobile website for purposes of 

comprehending menu selections, ordering/paying for gift cards online, making 

reservations, ordering food for delivery, and signing up for the Loyalty Program 

online, and during that time period prior to the mobile website being designed to

permit individuals with visual impairments to effectively communicate, requiring 

Defendants to provide an alternative method for individuals with visual 

impairments to effectively communicate so that disabled individuals are not 

impeded from obtaining the goods and services made available to the public 

through the mobile website.

e. The Court enter an Order directing Defendants to evaluate and neutralize their

policies and procedures towards persons with disabilities for such reasonable time 

so as to allow Defendants to undertake and complete corrective procedures;

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f. The Court enter an Order directing Defendants 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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