ROMERO V. PRO ATHLETE, INC.

    Plaintiff

    • Name: Josue Romero
    • Filing date: October 5, 2020
    • State of filing: New York

    Defendant

    • Name: Pro Athlete, Inc.
    • Website: www.justbats.com
    • Industry: Leisure Products
    • Summary: Pro Athlete, Inc. is an online reseller of baseball and softball bats.

    Case Summary

    On October 5, 2020, Josue Romero filed a Complaint in New York Federal court against Pro Athlete, Inc.. Plaintiff Josue Romero alleges that www.justbats.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of Alternative Text (“alt-text”), or a text equivalent. 
    • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. 
    • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users
    • Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text.
    • Icon like search bar is not labeled properly. The description provides "button scan". This flaw creates issues for the interpretation performed by the screen reader and, therefore, bars the user from understanding the information the website is to report back to the user.
    • Link like shopping cart is not labeled properly. This flaw creates issues for the interpretation performed by the screen reader, as the user cannot confirm what the purchase is and therefore bars the user from getting vital information to complete the transaction.
    • Site element such as text providing product information located in the scrolling banner are not labeled to integrate with the screen reader. The lack of sufficient description keeps the user from fully understanding
      the information the site is to convey.
    • The company logo acts as a link designed to take the user from wherever they may be within the Defendant's website to the homepage of that site. For this website, the link is not properly labeled and where the link ("logo") will operate properly (taking the user back to the home page), the missing label prevents the user (visually impaired) to interpret the logo/link and in the case of using a screen reader, the screen reader software cannot properly interpret the logo/link effectively hiding the purpose of that link from the user.
    • Contact information is inaccessible. Due to the lack of description the user is not able to contact the business as the address and telephone number are not labeled to integrate with the screen reader.
    • The website contains social media links as an additional source to stay connected with Just Bats. The links lacks proper description. The screen reader would read "link" with no other description thus, barring the user from any understanding as to what to do with the "link".

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

    • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
    • VIOLATIONS OF THE NYSHRL
    • VIOLATIONS OF THE NEW YORK STATE CIVIL RIGHTS LAW
    • VIOLATIONS OF THE NYCHRL
    • DECLARATORY RELIEF

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
    • A declaration that Defendant owns, maintains and/or operates its
      Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
    • An order certifying the Class and Sub-Classes under Fed. R. Civ. P.
      23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
    • Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York City Human Rights Law and City Law;
    • Pre- and post-judgment interest;
    • An award of costs and expenses of this action together with
      reasonable attorneys’ and expert fees; and
    • Such other and further relief as this Court deems just and proper

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