MARTINEZ v. MIDLAND NATIONAL LIFE INSURANCE COMPANY

• Linked image missing alternative text which presents a problem because an image without alternative text
  results in an empty link. Images that are the only thing within a link must have descriptive alternative text. If an image is within a link that contains no text and that image does not provide alternative text, a screen reader has no content to present to the user regarding the function of the link;
• Empty or missing form labels which presents a problem because, if a form control does not have a properly
  associated text label, the function or purpose of that form control may not be presented to screen reader users. Form labels provide visible descriptions and larger clickable targets for form controls;
• 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;
• Language missing or invalid which presents a problem because the language of the document is not identified or a lan attribute value is invalid. Identifying the language of the page or page elements allows screen readers
  to read the content in the appropriate language. It also facilitates automatic translation of content; and
• Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.

Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et
  seq., and 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 App into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the App is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates its App in a manner which 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. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
• An order directing Defendants to continually update and maintain its App to ensure that it remains fully accessible to and usable by the visually-impaired;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff for violations of their civil rights under New York State Human Rights Law and City Law;
• Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;
• For pre- and post-judgment interest to the extent permitted by law; and
• For such other and further relief which this court deems just and proper.