DELGADILLO v. MARY ARNOLD TOYS, INC.

    Plaintiff

    • Name: Desmond Delgadillo
    • Filing date: April 10, 2019
    • State of filing: New York

    Defendant

    • Name: Mary Arnold Toys, Inc.
    • Website: www.maryarnoldtoys.com
    • Industry: Consumer Goods
    • Summary: Mary Arnold Toys, Inc. sells toys and games at retail brick and mortar toy stores and via its website.

    Case Summary

    On April 10, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against Mary Arnold Toys, Inc.. Plaintiff Desmond Delgadillo alleges that www.maryarnoldtoys.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Unlabeled buttons and links prevented him from navigating the website. 
    • At least one cursor trap that prevented him from navigating the website.
    • Multiple pages that contained insufficient navigational headings.
    • Unable to make a purchase because of an inaccessible checkout system.
    • Unable to find the hours of operation for the 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 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., N.Y.C. Admin. 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 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. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq. and the laws of New York
    • An order certifying the Class and the State and City 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 and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York 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. 

    Comments