Page 1 of 15

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 

WINDY LUCIUS,

Plaintiff,

v. 

ZONA BLU WPB CORP 

Defendant. 

 / 

COMPLAINT FOR INJUNCTIVE RELIEF

Plaintiff, Windy Lucius (“Plaintiff”) hereby sues Defendant, Zona Blu WPB Corp

(“Defendant”), a Florida for profit corporation, 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. §§s 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 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, livesin Miami-Dade County, issui 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 

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

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 1 of 15
Lucius v. Zona Blu WPB Corp 

Complaint 

Page 2 of 15

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 

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 her civil rights. As such, she 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 owns and operates a place of public accommodation which is an awardwinning Italian restaurant branded as “Zona Blu.” Defendant’s Zona Blu restaurant is located 

within Palm Beach County at 8170 Okeechobee Boulevard, West Palm Beach, Florida 33411 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 its implementing regulation as defined by 42 U.S.C. §12181(7)(B) as 

“[A] restaurant, bar, or other establishment serving food or drink,” and defined in §12182, and 28 

C.F.R. §36.104(2). The Zona Blu restaurant is also referenced throughout as “place of public 

accommodation,” “Zona Blu restaurant,” or “restaurant.” 

7. There is a second Zona Blu brand restaurant located in Weston, Florida; however, 

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 2 of 15
Lucius v. Zona Blu WPB Corp 

Complaint 

Page 3 of 15

the Weston location is not a party to this instant complaint since Defendant is not the owner of the 

Western location and the Weston location has its own mobile website separate and apart from the 

Zona Blu West Palm Beach mobile website. 

8. Defendant is a private entity which owns and/or operates the Zona Blu restaurant 

in West Palm Beach therefore Defendant is defined as a “Public Accommodation" within meaning 

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

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

constructed, the https://www.zonabluwpb.com mobile website (hereinafter “mobile website”) 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 restaurant. The mobile website delineates the goods, services, accommodations, 

privileges, benefits and facilities available to patrons at the West Palm Beach restaurant. 

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

familiar with Zona Blu (West Palm Beach) menu selections, hours of operation, special happy 

hours and festival events, restaurant location, provides a link to reserve a table for dining within 

the restaurant, and provides other information Defendant seeks to communicate to the public. The 

mobile website also provides information about catering and provides a full-service catering menu 

as well as a link to call the restaurant to inquire and book special/private events. The mobile 

website also links to The Zona Blu Facebook and Instagram pages in order to learn about pop-ups 

and specials. The mobile website enables the public/patrons to pay for gift cards online and have 

those gift cards sent via email or text/phone or delivered to one’s home. Through the mobile 

website, the public can also place an order online and have the order ready for pick up at the 

restaurant or schedule a food delivery. By the provision of menu selection, reservation services, 

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 3 of 15
Lucius v. Zona Blu WPB Corp 

Complaint 

Page 4 of 15

and to-go order selection, and the ability to purchase gift cards online, the mobile website is an 

integral part of the goods and services offered by Defendant. By this nexus, the mobile website is 

characterized as a Place of Public Accommodation to Title III of the ADA1

, 42 U.S.C. §§ 

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

11. Defendant’s mobile website allows mobile device users to use a mobile platform 

through a connection to Wi-Fi or cellular data so that mobile device users can manage their dining 

choice from their mobile device. As such, it has subjected itself to the ADA because its mobile 

website is offered as a tool to promote, advertise and sell its products and services from its brickand-mortar restaurant location which is a place of public accommodation. As a result, Defendant’s 

mobile website must interact with its 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.2

12. Defendant’s mobile website does not properly interact with 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 

Defendant’s mobile website to test whether she can comprehend Zona Blu menu selections (for 

1 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.

2 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.

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 4 of 15
Lucius v. Zona Blu WPB Corp

Complaint

Page 5 of 15

restaurant dining, take out, and catering), and to test for the ability to make reservations to dine in 

the Zona Blu restaurant, order food online (for delivery or pickup), 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 

Defendant’s mobile website or dining at Defendant’s West Palm Beach restaurant.

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

is aware that it would be a futile gesture to attempt to utilize the mobile website as long as those 

violations exist unless she 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 its 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 her only means to secure adequate redress from Defendant’s 

discriminatory practice.

17. Notice to Defendant is not required as a result of its 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.

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 5 of 15
Lucius v. Zona Blu WPB Corp 

Complaint 

Page 6 of 15

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 

“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://www.zonabluwpb.com mobile website has been designed to integrate 

with Defendant’s Zona Blu restaurant through the provision of a reservation service, food order 

and delivery service, the ability to learn/inquire about catering online, the ability to learn about 

promotions and specials, and the ability to purchase gift cards online. Defendant has extended its 

Zona Blu restaurant into individual persons' homes and portable devices wherever located through 

the mobile website which is a service, facility, privilege, advantage, benefit and accommodation 

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 6 of 15
Lucius v. Zona Blu WPB Corp

Complaint

Page 7 of 15

of its restaurant. Because the mobile website is integrated with, and is a nexus to, Defendant’s 

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, 

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[.]”

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 7 of 15
Lucius v. Zona Blu WPB Corp

Complaint

Page 8 of 15

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[.]”

24. Plaintiff attempted to access and/or utilize Defendant's mobile website, but was 

unable to, and she 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 mobile VoiceOver screen reader software. Specifically, features of the mobile 

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 8 of 15
Lucius v. Zona Blu WPB Corp

Complaint

Page 9 of 15

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 Business Hours are shown in the 

footer of the Reservations page. When mobile VoiceOver screen reader software users 

swipe to this section, the Business Hours label is not announced, and focus moves from top 

to bottom instead of from left to right. As a result, all of the days are announced and then 

the times are announced independently. Mobile VoiceOver screen reader software users do 

not hear a day and then a window of time. 

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. Mobile VoiceOver 

screen reader software users are unable to make a reservation using the mobile website

because they are unable to change the date of a reservation. Once the date picker popup is 

opened, the month button and the prior/next button for the month are announced, but focus 

then exits the popup and moves to the underlying page. Instead of hearing future dates, “t”

is announced and then the Time field is announced. 

iii. Guideline 2.4.3 Focus order: the mobile website is required to provide focus in a logical 

order, and this has been violated. The Catering Menu PDF is not accessible to mobile 

VoiceOver screen reader software users. When a mobile VoiceOver screen reader software 

user opens the Catering Menu PDF, the logo is announced as “image” and then exits the 

PDF, and none of the other content (menu) is announced. Despite continual attempts to 

swipe into the Catering Menu PDF, focus always follows the same sequence: the unlabeled 

logo first, and then focus exits to the browser’s back button. 

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

and this is not the case. Multiple unlabeled elements are announced when a mobile 

VoiceOver screen reader software user swipes to the Reservation form. For example, 

instead of the Time button being announced once, the clock icon is first announced as “T”, 

then the time is announced, and then the down arrow is announced as “m.” None of the 

elements open the popup button. A mobile VoiceOver screen reader software user must 

swipe a fourth time before the full Reservation button “reservation time 7p popup button”

is announced. This same sequence occurs with each button in the widget; mobile 

VoiceOver screen reader software users must navigate past multiple unlabeled elements to 

finally find the correct button to create a reservation.

25. Defendant’s mobile website reservation and food order/delivery systems are 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 

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 9 of 15
Lucius v. Zona Blu WPB Corp

Complaint

Page 10 of 15

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).

26. As the owner and/or operator of the Zona Blu West Palm Beach mobile website, 

Defendant is required to comply with the ADA and the provisions cited above. This includes 

Defendant’s obligation tocreate and maintain a mobile website that is accessible to and usable by

visually impaired persons so that they can enjoy full and equal access to the mobile website and 

the content therein, including the ability to make a reservation to dine within the Zona Blu West 

Palm Beach restaurant, to order food online for delivery or pickup, and the ability to purchase gift 

cards online. 

27. With respect to its mobile website, Defendant has violated the ADA by failing to 

interface its mobile website with VoiceOver screen reader software utilized by visually impaired

individuals (as 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 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 

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 10 of 15
Lucius v. Zona Blu WPB Corp

Complaint

Page 11 of 15

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 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,

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 11 of 15
Lucius v. Zona Blu WPB Corp

Complaint

Page 12 of 15

h. by a failure to take such steps as may be 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)).

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

and is aware that it would be a futile gesture to attempt to utilize the mobile website as long as 

those violations exist unless she 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 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 Defendant's mobile website. By continuing to operate its mobile website with 

discriminatory conditions, Defendant contributes 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 Defendant's 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, Defendant deprives Plaintiff the equality of 

opportunity offered to the general public.

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 12 of 15
Lucius v. Zona Blu WPB Corp

Complaint

Page 13 of 15

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 its 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 its 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 mobile 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 the mobile website is in compliance with the 

ADA so that she 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 as requested herein.

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

Injunctive Relief, including an order to require Defendant to alter its 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, 

Zona Blu WPB Corp and requests the following injunctive and declaratory relief: 

a. The Court issue a Declaratory Judgment that determines that Defendant's 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 Defendant has violated the ADA by 

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 13 of 15
Lucius v. Zona Blu WPB Corp 

Complaint 

Page 14 of 15

failing to monitor and maintain its mobile website to ensure that it is readily 

accessible to and usable by persons with vision impairment; 

c. The Court issue an Order directing Defendant to alter its 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 individuals with visual impairments will be able to effectively 

communicate with the https://www.zonabluwpb.com mobile website for purposes 

of comprehending Defendant’s menu selections, learning about promotions and 

specials, ordering/paying for gift cards online, ordering/paying for food online for 

delivery or pickup, and for making reservations online, and during that time period 

prior to the mobile website’s being designed to permit individuals with visual 

impairments to effectively communicate, requiring Defendant 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 Defendant’s 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 

allow Defendant to undertake and complete corrective procedures;

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

its 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.

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 14 of 15
Lucius v. Zona Blu WPB Corp 

Complaint 

Page 15 of 15

§ 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: October 5, 2022 

 Respectfully submitted,

 By: /s/ J. Courtney Cunningham 

 J. Courtney Cunningham, Esq. 

 FBN: 628166 

 J. COURTNEY CUNNINGHAM, PLLC

 8950 SW 74th Court, Suite 2201 

 Miami, Florida 33156 

 Phone : 305-351-2014 

 cc@cunninghampllc.com 

 legal@cunninghampllc.com 

 Counsel for Plaintiff

Case 1:22-cv-23236-CMA Document 1 Entered on FLSD Docket 10/05/2022 Page 15 of 15