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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No.: 1:22-cv-24124- BLOOM/Otazo-Reyes

JAMES WATSON,

Plaintiff,

v.

PADRINO’S RESTAURANTS, INC., 

d/b/a Padrino’s Restaurant, 

Defendant.

NOTICE OF FILING DEFENDANT’S INSPECTION REPORT

COMES NOW, Defendant PADRINO’S RESTAURANTS, INC. d/b/a Padrino’s 

Restaurant (“Defendant”), by and through the undersigned counsel, pursuant to this Court’s Order 

in Actions Brought Under the Americans with Disabilities Act [D.E. 9] and the Court’s paperless 

Order granting Defendant’s Motion for Leave to File Video Evidence in Support of its Inspection 

Report [D.E. 16], hereby files Defendant’s Inspection Report as follows:

1. A specific list of all alleged violations of the subject website.

Plaintiff’s Inspection Report alleges the following violations of Defendant’s website, 

www.padrinos.com: 

i. “Guideline 1.3.2 – Meaningful Sequence is violated. Mobile SRUs are unable to 

select a new date on the ‘Private Dining Inquiry’ form. When the date picker is displayed, then 

focus exits the popup and moves to the Event Time field before the dates are announced. As shown 

in the screen capture, the date picker window is still displayed, but the Event Time field is 

announced.” [D.E. 13, 13-1]. 

Case 1:22-cv-24124-BB Document 18 Entered on FLSD Docket 02/06/2023 Page 1 of 4
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ii. “Guideline 2.4.3. Focus order is violated. None of the menu links are announced 

on mobile. After expanding the main menu then focus remained on the underlying homepage and 

‘Cuban for all heading level 2’ was announced. Focus didn’t move into the expanded main menu 

and none of the links were announced.” [D.E. 13, 13-1].

iii. “Guideline 1.4.5 – Images of Text is violated. The content in the Holiday Season 

popup is only available as an unlabeled image. Even with the accessibility widget announced, the 

popup was announced as only ‘web dialog bit dot l y link.’ None of the content or the Order Now 

link is announced.” [D.E. 13, 13-1].

Defendant’s Inspection Report is attached hereto as “Exhibit A” as a Declaration by Robert 

Kingett. Included in Defendant’s Inspection Report is a video showing Mr. Kingett adequately 

navigating the Website and refuting the purported violations set forth in Plaintiff’s Inspection 

Report.1

2. The applicable ADA standard at issue; and

The effective communications regulations under Title III of the ADA. 

3. The nature of the violations, by information and belief (e.g., readily achievable and/or

required by particular ADA standard).

See Plaintiff’s Inspection Report [DE 13, 13-1]. Defendant denies any violations alleged 

by Plaintiff in the Complaint or Plaintiff’s Inspection Report. 

1 On February 3, 2023, Defendant filed its Unopposed Motion for the Entry of an Order to Submit 

Video Evidence in Support of its Inspection Report. [D.E. 15]. On February 4, 2023, this Court 

entered an Order granting Defendant’s Motion for Leave to File Video Evidence in Support of its 

Inspection Report. [D.E. 16].

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DATED: February 6, 2023

By: /s/ Michael I. Kessler

 Michael I. Kessler, Esq.

 Florida Bar Number: 117784

 O’HAGAN MEYER

 21550 Oxnard Street, Suite 1050

 Woodland Hills, CA, 91367

 Telephone: (213) 306-1610

 Facsimile: (213) 306-1615

 Email: mkessler@ohaganmeyer.com

Attorney for Defendant, PADRINO’S 

RESTAURANTS, INC. d/b/a Padrino’s 

Restaurant

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on February 6, 2023, I electronically filed the foregoing with 

the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing 

to the below:

Juan Courtney Cunningham, Esq. Attorneys for Plaintiff, 

J. Courtney Cunningham, PLLC JAMES WATSON

8950 SW 74th Court, Suite 2201

Miami, FL 33156

T: (305) 351-2014

Email: cc@cunninghampllc.com

legal@cunninghampllc.com

By: /s/ Michael I. Kessler

Michael I. Kessler, Esq.

Florida Bar Number: 117784

Attorney for Defendant, PADRINO’S 

RESTAURANTS, INC. d/b/a Padrino’s 

Restaurant

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