Benihana class action alleges website not accessible to visually impaired, blind

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Benihana website accessibility class action lawsuit overview: 

• Who: Miriam Cruz filed a class action lawsuit against Benihana, Inc. 
• Why: Cruz claims Benihana fails to make its website fully accessible to individuals who are blind or visually impaired.
• Where: The class action lawsuit was filed in New York federal court.

Benihana failed to design, construct, maintain and operate its website so that it is fully accessible to individuals who are blind or visually impaired, a new class action lawsuit alleges. 

Plaintiff Miriam Cruz claims Benihana’s online website contains “numerous” access barriers that prevent equal access to screen-reading software used by individuals who are blind or visually impaired.

Cruz argues the alleged access barriers on Benihana’s website deny individuals who are blind or visually impaired with equal access to services provided to their non-disabled customers, in violation of the Americans with Disabilities Act (ADA). 

“Benihana excludes the blind and visually impaired from the full and equal participation in the growing Internet economy that is increasingly a fundamental part of the common marketplace and daily living,” the Benihana class action states. 

Benihana class action alleges restaurant lacks adequate labeling on its website

Access barriers on Benihana’s website include a lack of adequate labeling, inaccurate alt-text on graphics and inaccessible drop-down menus, among other things, the Benihana class action alleges. 

Benihana refuses to remove these access barriers, the lawsuit claims. 

In addition to allegedly violating the ADA, Benihana violates New York City Human Rights Law and New York State Civil Rights Law, the Benihana class action states.

Cruz demands a jury trial and requests declaratory and injunctive relief along with an award of compensatory and statutory damages for herself and all class members. 

She wants to represent a nationwide class and New York subclass of individuals who are blind or visually impaired and who attempted to access Benihana’s website but were denied access to the enjoyment of goods and services offered. 

A consumer filed a similar class action lawsuit against Delmonico’s Italian Steakhouse of Florida in July over claims the company fails to make its mobile website fully accessible to individuals who are blind or visually impaired. 

Have you been denied full access to the goods and services offered on Benihana’s website? Let us know in the comments! 

The plaintiff is represented by Mars Khaimov of Mars Khaimov Law, PLLC. 

The Benihana class action lawsuit is Cruz v. Benihana, Inc., Case No. 1:22-cv-05451, in the U.S. District Court for the Eastern District of New York.

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