CESAR COTTO v. PINCHES ANAYA LLC

    Plaintiff

    • Name: Cesar Cotto
    • Filing date: February 26, 2019
    • State of filing: California

    Defendant

    • Name: Pinches Anaya LLC
    • Website: www.pinchestacos.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Pinches Anayas LLC owns and operates a chain of Pinches Tacos restaurants. The company also owns and operates a website with information about locations, menus, etc. 

    Case Summary

    On February 26, 2019, Cesar Cotto filed a Complaint in California State court against Pinches Anaya LLC. Plaintiff Cesar Cotto alleges that www.pinchestacos.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text ("Alt-text"). Alt-text is 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. 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 ofthe graphics.
    • Multiple unlabeled or mislabeled buttons and links. Without descriptive alternate text, Plaintiffs, and other screen reader users, have no clue about the purpose or function ofthe button or link;
    • Multiple pages containing unlabeled graphics, links, and buttons while navigating the Website;
    • Multiple pages containing insufficient navigational headings requiring additional time to access information;
    • Unable to place an order for pickup because of an inaccessible checkout system;

    Plaintiff asserts the following cause(s) of action in its Complaint:

    Unruh Civil Rights Act. California Civil Code Section 51 et seq.

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgment that at the commencement ofthis action Defendant owns, maintains, and/or operates its Website in a manner which discriminates against the blind, fails to provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fullyaccessible to, and independently usable by blind and visually impaired individuals in violation of California's Unruh Act, California Civil Code Section 51, et seq.;
    • A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code Section 51 et seq. with respect to its website.
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.pinchestacos.com readily accessible to and usable by blind and visually impaired individuals, limited to no more than $ 50,000;

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