Plaintiff
- Name: Desmond Delgadillo
- Filing date: January 29, 2019
- State of filing: New York
Defendant
- Name: Paragon Sports, LLC
- Website: www.paragonsports.com
- Industry: Consumer Goods
- Summary: Paragon Sports, LLC is a retailer of sports and outdoor recreation equipment and clothing.
Case Summary
On January 29, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against Paragon Sports, LLC . Plaintiff Desmond Delgadillo alleges that www.paragonsports.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Unlabeld buttons and links preventing Plaintiff from navigating the website
- At least one cursor trap that prevented website navigation
- Multiple pages with insufficient navigational headings
- 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 visuallyimpaired 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
