DELGADILLO v. MIDTOWN COMICS, INC.

    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

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