Plaintiff
- Name: Desmond Delgadillo
- Filing date: March 5, 2019
- State of filing: New York
Defendant
- Name: Midtown Comics, Inc.
- Website: www.midtowncomics.com/
- Industry: Consumer Goods
- Summary: Midtown Comics is a New York City comic book retailer.
Case Summary
On March 5, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against Midtown Comics, Inc.. Plaintiff Desmond Delgadillo alleges that www.midtowncomics.com/ is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Plaintiff found unlabeled buttons and links prevented him from navigating the website
- Plaintiff found at least one cursor trap that prevented him from navigating the website
- Plaintiff encountered multiple pages that contained insufficient navigational headings, requiring Plaintiff to expend substantial amount of time to access information
- Plaintiff encountered an accessibility widget offered via the Website; however, Plaintiff found that the accessibility widget did not improve his ability to navigate and access the Website
- Plaintiff was unable to make a purchase due to the excessive amount of individual headings presented on each page of the Website
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT
- VIOLATIONS OF THE 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 enjoining Defendant from violating the UCRA, Civil Code § 51 et seq, with respect to its website
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make its website readily accessible to and usable by blind and visually-impaired individuals
- An award of statutory minimum damages of $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, pursuant to California Civil Code § 52(a)
- For prejudgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as this Court deems just and proper
