Plaintiff
- Name: Desmond Delgadillo
- Filing date: August 2, 2019
- State of filing: New York
Defendant
- Name: USAPE LLC
- Website: us.bape.com
- Industry: Apparel
- Summary: USAPE LLC manufactures and sells swimwear, apparel, accessories, and sunglasses under the brand name, A Bathing Ape.
Case Summary
On August 2, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against USAPE LLC. Plaintiff Desmond Delgadillo alleges that us.bape.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Unlabeled buttons and links prevented him from navigating the website;
- Cursor trap preventing website navigation;
- Multiple pages that contained insufficient navigational headings.
- Product links and descriptions were inaccessible to screen reading technology.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- 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; and
- For such other and further relief as this Court deems just and proper.
