Plaintiff
- Name: Josue Romero
- Filing date: October 21, 2020
- State of filing: New York
Defendant
- Name: First International Health Foods, LTD.
- Website: www.bradsorganic.com
- Industry: Food Products
- Summary: Brad's Organic manufactures and sells a wide variety of organic food products.
Case Summary
On October 21, 2020, Josue Romero filed a Complaint in New York Federal court against First International Health Foods, LTD.. Plaintiff Josue Romero alleges that www.bradsorganic.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is an invisible code embedded beneath a graphical image on a website. Web accessibility requires that alt-text be coded with each picture so that screen-reading software can speak the alt-text where a sighted user sees pictures, which includes captcha prompts. Alt- text does not change the visual presentation, but instead a text box shows when the cursor moves over the picture. The lack of alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics
- Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen- reader users;
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
- Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.
- Site element like pop-up is not fully labeled to integrate with the screen reader and cannot be navigated with a keyboard. The "X" used to close the pop-up window is mislabeled as "times button" and contains no other description as to what the "times button" represents causing the website to be inoperable to a low-to-no vision person.
- The website contains social media links as an additional source to stay connected with Brad's Organic. The links lacks proper description. The screen reader would read "link," with no other description thus barring the user from any understanding as to what to do with the "link".
- The company logo acts as a link designed to take the user from wherever they may be within the Defendant's website to the homepage of that site.
- For this website, the link is not properly labeled and where the link ("logo") will operate properly (taking the user back to the home page), the missing label prevents the user (visually impaired) to interpret the logo/link and in the case of using a screen reader, the screen reader software cannot properly interpret the logo/link effectively hiding the purpose of that link from the user.
- Site function like search button is not labeled properly. The description given for the button is "button". This flaw bars the user from searching for a specific item or product.
- Site element such as product descriptions and prices are not labeled to integrate with the screen reader. The information is not accessible when using the keyboard for navigation. Without providing proper information, it would create a barrier for a visually impaired user.
- The website contains images which does not come with any description or alternate text that provides for an understanding of what is contained in the image or that can be interpreted and read by the screen reader. This lack of information prevents the screen reader from operating properly and this prevents the user from understanding the image, its content and/or its purpose.
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq
- VIOLATIONS OF THE NYSHRL
- VIOLATIONS OF THE NEW YORK STATE CIVIL RIGHTS LAW
- VIOLATIONS OF THE NYCHRL
- DECLARATORY RELIEF
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates its
Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York - An order certifying the Class and Sub-Classes under Fed. R. Civ. P.
23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel; - Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York City Human Rights Law and City Law;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with
reasonable attorneys’ and expert fees; and - Such other and further relief as this Court deems just and proper
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