DELGADILLO v. EL GALLO GIRO CORPORATION

    Plaintiff

    • Name: Desmond Delgadillo
    • Filing date: April 22, 2019
    • State of filing: California

    Defendant

    • Name: El Gallo Giro Corporation
    • Website: www.gallogiro.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: El Gallo Giro Corporation owns and operates the Gallo Giro Mexican restaurant.

    Case Summary

    On April 22, 2019, Desmond Delgadillo filed a Complaint in California State court against El Gallo Giro Corporation. Plaintiff Desmond Delgadillo alleges that www.gallogiro.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.
    • Multiple unlabeled or mislabeled buttons and links.
    • Multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information.
    • Unable to browse the menu because menu links and
      descriptions were inaccessible to screen reading technology.
    • Unable to find a brick-and-mortar location because the
      locations link was inaccessible to screen reading technology.

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

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

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgment that at the commencement of this 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 fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California’s Unruh Act, California Civil Code § 51 , et seq;
    • A preliminary and permanent injunction enjoining Defendant from further violations of the UCRA, Civil Code § 51 et seq. with respect to the website.
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make the website readily accessible to and usable by blind and visually impaired individuals but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more than $50,000 thereon;
    • An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to § 52(a) of the California Civil Code;
    • An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist.LEXIS 150740 (USDC Cal, E.D. 2016);
    • For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, Civil Code § 52(a);
    • For pre-judgment interest to the extent permitted by law;
    • For costs of suit; and
    • For such other and further relief as this Court deems just and proper.

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