JENNIFER CARBINE v. CHURNED CREAMERY INTERNATIONAL, INC.

    Plaintiff

    • Name: Jennifer Carbine
    • Filing date: September 30, 2019
    • State of filing: California

    Defendant

    • Name: Churned Creamery International Inc.
    • Website: www.churnedcreamery.com
    • Industry: Food Products
    • Summary: Churned Creamery International Inc. is an specialty restaurant focused on small-batch ice cream.

    Case Summary

    On September 30, 2019, Jennifer Carbine filed a Complaint in California State court against Churned Creamery International Inc. . Plaintiff Jennifer Carbine alleges that www.churnedcreamery.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled. or lack alternative text ("Alt-text")
    • multiple unlabeled or mislabeled buttons and links.
    • multiple pages containing insufficient navigational headings r
    • Plaintiff was unable to browse the menu because menu links and descriptions were inaccessible to screen reading technology
    • Plaintiff was unable to make a purchase because of an inaccessible checkout system

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Violation of Unruh Civil Rights Act (California Civil Code §§ 51, et seq.)

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgment that at the commencement of this action Defendant owns, maintains, and/or operates its website in a manner which discriminates against the blind, fails to provide access to blind or visuallv-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California's Unruh Act, California Civil Code 51, et seq
    • A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code ) 51 et seq. with respect to "www.churnedcreamery.com."
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.churnedcreamery.com readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the injunctive reliefto require that Defendant expend no more than $50,000 thereon
    • An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to 52(a) ofthe 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, Civil Code 52(a)
    • For pre-judgment 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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