DELGADILLO v. NEW YORK GOLF CENTER, INC.

    Plaintiff

    • Name: Desmond Delgadillo
    • Filing date: October 3, 2019
    • State of filing: New York

    Defendant

    • Name: New York Golf Center, Inc.
    • Website: www.nygolfcenter.com
    • Industry: Consumer Goods
    • Summary: New York Golf Center is a golf store in New York City.

    Case Summary

    On October 3, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against New York Golf Center, Inc.. Plaintiff Desmond Delgadillo alleges that www.nygolfcenter.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 that prevented him from navigating the website
    • Plaintiff also found at least one cursor trap that prevented him from navigating the website
    • Plaintiff encountered multiple pages that contained insufficient navigational headings
    • Plaintiff also found many unlabeled and mislabeled links
    • Plaintiff was unable to make a purchase because of an inaccessible checkout system

    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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